Commerce Regs Didn't Infringe FedEx's Rights, Judge Says

Law360 (September 11, 2020, 4:18 PM EDT) -- A D.C. federal judge freed the U.S. Department of Commerce from FedEx's suit over export restrictions on Thursday, ruling that the department's regulations "easily satisfy" the standard of showing a legitimate government purpose.

U.S. District Judge John D. Bates dismissed the global courier's arguments that Commerce's Export Administration Regulations represented departmental overreach and infringed on FedEx's constitutional rights by forcing it to either verify the contents of millions of packages or halt business with some foreign entities.

Calling FedEx's invocation of its Fifth Amendment right to due process "unpersuasive," the judge reframed the question in terms of the regulations' function....

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