Alaska Airlines, Inc., et al. v. Brock, Secretary of Labor, et al. (480 U.S. 678)
U.S. Supreme Court · decided March 24, 1987 · Supreme Court Database (Spaeth)
- Citation
- 480 U.S. 678 · 107 S. Ct. 1476
- Decided
- March 24, 1987
- Term
- October Term 1986
- Vote
- 9–0
- Majority author
- Justice Blackmun
- Issue area
- Miscellaneous
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Unspecifiable
Opinion excerpt
Justice Blackmun delivered the opinion of the Court. In INS v. Chadha, 462 U. S. 919 (1983), this Court held unconstitutional the congressional-veto provision in §244 (c)(2) of the Immigration and Nationality Act, 66 Stat. 216, as amended, 8 U. S. C. § 1254(c)(2), and found it severable from the remainder of that Act. Petitioners, 14 commercial airlines, in the present case contend that provisions protecting employees in the Airline Deregulation Act of 1978 (Act), 92 Stat. 1705 (codified at various sections of Title 49 U. S. C. App.), are ineffective because § 43(f)(3) of the Act, 92 Stat. 1752, 49 U. S. C. App. § 1552(f)(3), similarly subjects to a legislative veto implementing regulations issued by the Department of Labor (DOL). We granted certiorari, 475 U. S. 1044 (1986), to consider whether that legislative-veto provision is severable from the remainder of the Act. 1 — H After 40 years of extensive regulation of the commercial-airline industry by the Civil Aeronautics Board (CAB), Congress in 1978 decided to make “a major change and fundamental redirection as to the manner of regulation of interstate and overseas air transportation so as to place primary emphasis on competition.” S. Rep. No. 95-631, p. 52 (1978). Congress abandoned the industrywide fare structure gradually, § 37(a), 49 U. S. C. App. § 1482(d); altered the procedures by which airlines could enter new…
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