Latest 2 Cases: United States v. Delarosa Arias (Criminal Law), Sorreda Transport, LLC v. United States Department of Transportation (Government & ...

The Affordable Care Act Challenge and the Senate Runoff Elections in Georgia

MICHAEL C. DORF

Cornell law professor Michael C. Dorf comments on the third challenge to the Affordable Care Act (ACA) that has made it before the U.S. Supreme Court, and considers how the case will play in the upcoming Georgia runoff elections. Dorf argues that absent a dramatic and highly unusual development—like a Supreme Court decision rejecting the ACA challenge in the next few weeks—that should help the Democratic candidates in Georgia’s runoff elections.

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United States v. Delarosa Arias

Docket: 19-1572

Opinion Date: November 9, 2020

Judge: Boudin

Areas of Law: Criminal Law

The First Circuit affirmed Defendant's conviction for conspiracy to possess with intent to distribute heroin, entered pursuant to a guilty plea, holding that the district court did not err in accepting Defendant's plea. On appeal, Defendant argued that the district court failed to determine that there was a factual basis for his guilty plea, as required by Fed. R. Crim. P. 11(b)(3). The First Circuit disagreed, holding that Defendant's admission to participating in a conspiracy that involved at least one other person provided a reasoned basis to believe that he was guilty of conspiracy and that Defendant could not show that the district court's acceptance of his plea prejudiced him.

Sorreda Transport, LLC v. United States Department of Transportation

Docket: 20-1125

Opinion Date: November 9, 2020

Judge: Sandra Lea Lynch

Areas of Law: Government & Administrative Law, Transportation Law

The First Circuit denied Petitioner's petition for review of the final decision of the Federal Motor Carrier Safety Administration (the FMSCA) determining that Sorreda Transport, LLC's business safety rating was unsatisfactory, holding that the the FMSCA's findings and conclusions were supported by substantial evidence in the record and its decision denying Sorreda's petition for review was not arbitrary or capricious. After the FMSCA, an agency within the United States Department of Transportation that regulates the trucking industry, used a notice informing Sorreda of its proposed unsatisfactory rating, Sorreda appealed. The FMSCA issued a final order denying Sorreda's petition for administrative review. Sorreda then filed a timely petition for review in the First Circuit. The First Circuit denied the petition, holding that the FMSCA's findings were supported by substantial evidence and that its determination that Sorreda's business safety rating was unsatisfactory was neither arbitrary nor capricious under the applicable regulations.