October Term 2003 · Docket 03-358
Can the DOT deny Mexican truck certification despite a NAFTA award?
The dispute centers on whether the DOT must certify eligible Mexican trucks after a NAFTA panel found the U.S. ban violated the treaty.
Verified source milestones
- — An official oral-argument transcript was verified.
- — An official oral-argument transcript was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
Edwin Kneedler argued the agency had no discretion to deny certification to eligible Mexican trucks.
He stated the trucks were eligible under the President's lifting of the moratorium.
He emphasized the trucks were willing and able to comply with statutory standards.
David Weissglass argued Congress gave the agency important choices about safety before trucks cross the border.
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 26, lines 19-1 — Transcript, file page 26, lines 19-1
- Official Supreme Court Transcript — file page 3, lines 16-23 — Transcript, file page 3, lines 16-23
- Official Supreme Court Transcript — file page 3, lines 4-14 — Transcript, file page 3, lines 4-14
- Official Supreme Court Transcript — file page 52, lines 31-16 — Transcript, file page 52, lines 31-16
- Official Supreme Court Transcript — file page 52, lines 6-29 — Transcript, file page 52, lines 6-29
- Official Supreme Court Transcript — file page 56, lines 27-31 — Transcript, file page 56, lines 27-31
A citizen's guide to the whole case
What this case is about
The Department of Transportation argues it lacked discretion to deny certification to eligible Mexican trucks. Public Citizen contends Congress granted the agency broad safety choices to limit truck entry.
Official sources for this section
- Official Supreme Court Transcript — file page 26, lines 19-1 — Transcript, file page 26, lines 19-1
- Official Supreme Court Transcript — file page 3, lines 16-23 — Transcript, file page 3, lines 16-23
- Official Supreme Court Transcript — file page 52, lines 31-16 — Transcript, file page 52, lines 31-16
- Official Supreme Court Transcript — file page 52, lines 6-29 — Transcript, file page 52, lines 6-29
How the case got here
The Supreme Court heard oral argument in this case on April 21, 2004.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 4-14 — Transcript, file page 3, lines 4-14
- Official Supreme Court Transcript — file page 56, lines 27-31 — Transcript, file page 56, lines 27-31
What each side wants
The DOT wants the Court to confirm it had no discretion to deny certification to eligible Mexican trucks.
Public Citizen wants the Court to uphold the agency's authority to limit truck entry based on safety concerns.
Official sources for this section
- Official Supreme Court Transcript — file page 26, lines 19-1 — Transcript, file page 26, lines 19-1
- Official Supreme Court Transcript — file page 3, lines 16-23 — Transcript, file page 3, lines 16-23
- Official Supreme Court Transcript — file page 52, lines 31-16 — Transcript, file page 52, lines 31-16
- Official Supreme Court Transcript — file page 52, lines 6-29 — Transcript, file page 52, lines 6-29
What each side says
The DOT argues the agency must certify trucks that meet statutory standards and are willing to comply.
Public Citizen argues Congress gave the agency important choices to determine which trucks enter the country.
Official sources for this section
- Official Supreme Court Transcript — file page 26, lines 19-1 — Transcript, file page 26, lines 19-1
- Official Supreme Court Transcript — file page 3, lines 16-23 — Transcript, file page 3, lines 16-23
- Official Supreme Court Transcript — file page 52, lines 31-16 — Transcript, file page 52, lines 31-16
- Official Supreme Court Transcript — file page 52, lines 6-29 — Transcript, file page 52, lines 6-29
What the justices asked
Chief Justice Rehnquist asked the advocate to clarify the critical point regarding agency discretion.
Official sources for this section
- Official Supreme Court Transcript — file page 56, lines 27-31 — Transcript, file page 56, lines 27-31
Why it matters
This case determines whether federal agencies must certify foreign commercial vehicles when international treaties require it. It defines the balance between trade obligations and domestic safety regulations.
Official sources for this section
- Official Supreme Court Transcript — file page 26, lines 19-1 — Transcript, file page 26, lines 19-1
- Official Supreme Court Transcript — file page 3, lines 16-23 — Transcript, file page 3, lines 16-23
- Official Supreme Court Transcript — file page 52, lines 31-16 — Transcript, file page 52, lines 31-16
- Official Supreme Court Transcript — file page 52, lines 6-29 — Transcript, file page 52, lines 6-29
What happens next
This article currently covers the argument record. Use the official docket link for later case activity.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 4-14 — Transcript, file page 3, lines 4-14
- Official Supreme Court Transcript — file page 56, lines 27-31 — Transcript, file page 56, lines 27-31
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Title and summary sources
- Official Supreme Court Transcript — file page 26, lines 19-1 — Transcript, file page 26, lines 19-1
- Official Supreme Court Transcript — file page 3, lines 16-23 — Transcript, file page 3, lines 16-23
- Official Supreme Court Transcript — file page 52, lines 31-16 — Transcript, file page 52, lines 31-16
- Official Supreme Court Transcript — file page 52, lines 6-29 — Transcript, file page 52, lines 6-29
- Official Supreme Court Transcript — file page 26, lines 19-1 — Transcript, file page 26, lines 19-1
- Official Supreme Court Transcript — file page 3, lines 16-23 — Transcript, file page 3, lines 16-23
- Official Supreme Court Transcript — file page 52, lines 31-16 — Transcript, file page 52, lines 31-16
- Official Supreme Court Transcript — file page 52, lines 6-29 — Transcript, file page 52, lines 6-29
Revision history
- Revision 1 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 2 · Official Transcript ·
Correction: Migrated to the dated official Court activity contract without model use.