Audio of 9th Circuit Cross Border arguments available here

It’s one thing to try to recount a happening from news report and another to be able to listen to it as it unfolds.

That is the case here with the oral arguments before the 9th Circuit in the Cross Border case.

Feel free to download the file or listen to it on the site here and form your own opinion.

Several things jump out at me and run counter to OOIDA’s suggestion that they will prevail in this case.

Right out of the gate, one of the Justices asks the lawyer representing the Teamsters, Public Citizen and Sierra Club, what justification that Sierra Club has in being a party to this action. And the lawyer has no good and ready answer. The Justice makes mention of the fact that could it be, they only want to share in fees if they win? Good point! And it also goes to their standing in the cause, of which apparently, they have none since they do not stand to be damaged by Mexican trucks in this country. And when you think of it, neither do any of the others.

One of the points OOIDA has continuously maintained, is that 5 states are not prepared to enforce the rules when it concerns Mexican trucks. When the lawyers were asked by the panel what states these were, none could answer. How wild is that? And this has been one of OOIDA complaints!

It did seem that the Justices were interested if these were states along the border or inland and seemed satisfied to learn they were inland states which lessened the impact of this issue.

As the attorney for the government pointed out, all trucks crossing the southern border (OP-1 authority) or screened for 1. a valid commercial license, 2. a valid CVSA inspection sticker and finally, their ability to communicate in English. This seemed to satisfy the three Judge panel on this issue.

And finally, Paul Cullen continued to try to confuse and muddle the issue by trying to convince the jurists that the rules required all Mexican drivers to have a US CDL, which is not the case. Were this true, then the same could be required for the Canadians. He didn’t seem to make many browning points with this approach.

And it was odd, that the attorney representing Teamsters and Public Citizen appeared to be trying to get into a pissing match with the panel from the beginning. From the sound of things, he stepped on his dick.

You folks decide. Here is the audio file from the hearing