Empresa Cubana Exportadora v. Depít of Treasury
- Case Date: 3/1/2012
- Project Name: Criminalization of Free Enterprise - Business Civil Liberties Program
On May 14, 2012, the U.S. Supreme Court issued an order declining to review an appeals court decision that undercuts a longstanding rule of statutory construction: that federal legislation is presumed not to apply retroactively unless Congress includes a clear statement to the contrary. The order was a setback for WLF, which filed a brief urging review. WLF argued that the presumption against retroactivity applies in all cases Ė not merely (as the appeals court ruled) in cases in which the rights that would be adversely affected by retroactive application are ďvested.Ē Retroactive application of the legislation at issue in this case eliminated trademark rights that were in place for decades. WLF argued that the presumption against retroactive legislation is deeply rooted in American law and ensures that, before a law is enforced retroactively, Congress has considered the issue and has determined that the benefits of retroactivity outweigh the potential for disruption or unfairness.
More Information and Downloads:
3/5/2012: Download the Brief