Wednesday, February 13, 2013

1,000th Post: ACCG Files Petition for Cert.

Somehow it seems fitting.  For CPO's 1,000th post, I am linking to the ACCG's press release about its petition for certiorari.  The petition asks the Supreme Court to overturn the lower courts' refusal to engage in judicial review of controversial decisions to impose import restrictions on ancient coins from Cyprus and China.   

Why did the ACCG ask to file such a petition?   The first and last paragraphs of the body of the petition say it all: 

The Ancient Coin Collectors Guild (“the Guild” or “ACCG”), a nonprofit advocacy group for collectors and the small businesses of the numismatic trade, seeks judicial review of administrative decisions which  have drastically limited the ability of coin collectors to lawfully import historical coins of the sort widely available abroad.  In particular, the Department of State (“State”) and U.S. Customs and Border Protection (“CBP”) have restricted the entry of historical coins based on the country of manufacture, whereas Congress explicitly limited restrictions to coins “first discovered” in a particular country, which is completely different.   Such overbroad, unfocused restrictions have greatly inhibited ancient coin collecting in the United States.


The lower courts have effectively excused State and CBP from any scrutiny despite well-founded allegations import restrictions on historical coins were imposed without regard for the significant procedural and substantive constraints found in the CPIA.  Accordingly, the Guild respectfully requests that the Court grant certiorari, not only to decide important questions of federal law regarding the form and scope of judicial review, but also to ensure that federal regulators themselves are bound by the rule of law.   

The entire petition may be read here.

The Supreme Court apparently only accepts 4% of such petitions for further review, but should the Court decide to take the matter up, the Court then reverses the lower court some 76% of the time.

As those lottery commercials say, you "gotta play it to win it!"

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