Judge Sets Deadline for Right to Repair Decision
Feb. 9, 2022—The judge overseeing the Massachusetts Right to Repair law challenge by automakers will make a decision within the next month.
According to a brief from Chicago-based law firm Seyfarth, Judge Douglas Woodlock said during a recent hearing said Alliance for Automotive Innovation v. Healey would have a decision deadline of March 7.
During the hearing, Woodlock has asked questions outlining a prevailing issue through the case, which is to determine whether the court can "sever" parts of a law if some provisions are overruled by federal law. That issue is important because if the judge finds he can't strike down some provisions while maintaining others of the voter-approved law, then that means the entire law would be taken down even if there is only one provision that is superseded by federal law.
"The court’s persistent focus on this issue suggests that it may be leaning toward deciding that at least one section of the law is preempted," the report said, "and therefore the entire law must be struck down."