Litigation Coverage: Biden Administration Says Florida Cannot Establish Injury From CDC Cruising Limitations Because ‘Cruising Set to Resume’

In a motion filed today, the Biden administration asked the district court for leave to file a supplemental brief and declaration in opposition to Florida’s request for a preliminary injunction. According to the motion, “cruising is set to resume as planned,” and thus Florida “cannot establish an irreparable injury that would occur in the absence of an injunction." Continue reading for our Americas Core Credit and EMEA Core Credit teams' reporting on Carnival Corp and request a trial for access to the linked documents and reporting on hundreds more stressed, distressed and performing credits. 

The motion also argues that the Alaska Tourism Restoration Act, which allows cruises to restart certain cruise ship operations in Alaska and was signed into law on May 24, 2021, ratifies the Conditional Sailing Order. According to the motion, “Congress presumed that the CSO was valid, and expressly incorporated it into the standards applied in ATRA.” Supplemental briefing would also “address the impending resumption of cruising,” according to the motion.

The administration also contends that Florida’s injury is speculative, highlighting that an injunction would “cast considerable doubt on public confidence in the industry, particularly in the State of Florida, which is publicly battling with the industry over its own laws.” In a footnote, the brief notes reported disagreement between Florida and the cruise industry over vaccine passports.