You may recall the Kuwait Airways case, which I’ve written about several times: the airline refused to sell a ticket to an Israeli traveler flying from New York to London on the grounds that Kuwaiti law prohibited the carrier from doing business with Israelis. After some hemming and hawing, the Department of Transportation finally took the view that this was unreasonable discrimination, and thus forbidden by 49 U.S.C. § 41310(a), even though the DOT, curiously, did not assert a violation of 49 U.S.C. § 40127(a), which bars discrimination on the basis of “race, color, national origin, religion, sex, or ancestry.” The airline sought review, but the case was rendered moot when the airline shamefully decided to drop service between New York and London rather…

+Read more