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It's go time....right in my backyard - pass the popcorn, please.Tesla filed a constitutional challenge this morning in the Western District of Michigan.
Do you have a guest room I could use? I may have to attend some of the hearingsIt's go time....right in my backyard - pass the popcorn, please.
Absolutely. I can probably find rooms for many if we need them. Would be nice if something happened this fall - you could take in Art Prize to boot. I will have my legal counsel (wife) review the document and see what she thinks.Do you have a guest room I could use? I may have to attend some of the hearings
Tesla filed a constitutional challenge this morning in the Western District of Michigan.
What else would you expect from Guberment Motors and the crooked politicians in Michigan?
I have already read that. The clear implication is that the various States auto dealer franchising laws do violate the dormant Commerce clause among other constitutional protections. Frankly, nobody has effectively tried to challenge this until now despite the FTC position being crystal clear. I have read the entire Tesla petition. It is succinct, clear and definitive. I really want to be in the courtroom. Does anybody know when and where this will be? I just might come! This rivals the NTSB lithium batteries in transport hearing for my interest.Read the case law, it will dramatically change your position on the matter:
FindLaw's United States Sixth Circuit case and opinions.
"Courts have repeatedly recognized that protecting a discrete interest group from economic competition is not a legitimate governmental purpose."
Of course it is. And now it depends on the last court prior to reaching the Supremes. Or maybe not, I'll wager somebody a modest sum, say, a free Supercharger session (assuming the winner has an S or an X), that there might actually be close to unanimous agreement to block these antiquated State laws. After all it is not possible to argue any permissible benefit with a straight face, and this really is not a conventional partisan issue.This is going all the way to SCOTUS... There is no way either side isn't going to appeal any decision all the way up the ladder... Hopefully SCOTUS follows established case law on this, as already noted in this thread, and strikes down all of this crap nationally...
Jeff
Of course it is. And now it depends on the last court prior to reaching the Supremes. Or maybe not, I'll wager somebody a modest sum, say, a free Supercharger session (assuming the winner has an S or an X), that there might actually be close to unanimous agreement to block these antiquated State laws. After all it is not possible to argue any permissible benefit with a straight face, and this really is not a conventional partisan issue.
It's so horribly short sighted of them to fight Tesla on this as, in the end, when Tesla eventually wins the decision will also allow for other automakers to do the same thing and there's no reason to think they wouldn't...
/QUOTE]
It's going to be up to Tesla if they want to push this because Michigan will easily cave and give them some sort of settlement. The down side for NADA is way too big. Tesla may feel like pushing it all the way to set a precedent for other states.
[QUOTE="Tesla makes some cogent arguments. We'll see. They chose wisely, focussing on the "Midnight Amendment" rather than the whole. /QUOTE]
I really feel that adding the it's to the original law will come to bite them in the butt. It shows clear intent to change the original law to block Tesla.
They already can in many states including the largest auto market of California but have decided not to. A court decision allowing them to elsewhere wouldn't change that.What I find absolutely fascinating is the complete disregard for their own future... By "their" I mean the NADA and all of their members... By fighting Tesla the way they have, they're not only going to loose nationally thus opening the door to Tesla entirely but they're also going to be opening the door to allowing Chevy, Ford, etc... to open their own company stores should they choose to do so...
It's so horribly short sighted of them to fight Tesla on this as, in the end, when Tesla eventually wins the decision will also allow for other automakers to do the same thing and there's no reason to think they wouldn't...
Whoever decided to fight Tesla on this is a really short sighted individual(s)...
Jeff
[QUOTE="Tesla makes some cogent arguments. We'll see. They chose wisely, focussing on the "Midnight Amendment" rather than the whole. /QUOTE]
I really feel that adding the it's to the original law will come to bite them in the butt. It shows clear intent to change the original law to block Tesla.