A4A General Counsel urges scrutiny of federal government flip-flop on preemption

A4A General Counsel Patricia Vercelli is urging the US Supreme Court to review the Bernstein v. Virgin America lawsuit and to scrutinize the federal government’s “180 on a significant question of law.” US airlines are hopeful the Supreme Court will weigh in to resolve an issue on whether airlines must comply with both the California and federal standards for Flight Attendant’s meal and rest breaks. “Changes in the legal posture of the government may be warranted when the basic facts of a case change or when there is an intervening change in law,” Vercelli said. “However, when as here the facts and law haven’t changed, and the government’s flip-flop puts it at odds with both, that scrutiny should be swift and serious.”