Jones Act Survives Constitutional Challenge

On January 20, 2026, Judge James E. Boasberg, Chief Judge of the U.S. District Court for the District of Columbia, dismissed a case challenging the constitutionality of section 27 of the Merchant Marine Act, 1920, known as the "Jones Act." The case was brought by Kōloa Rum Company against the U.S. Department of Homeland Security in February 2025.

The case seems to have been inspired by a November 2022 Yale Law Journal article written by Sam Heavenrich, which argued that the Port Preference Clause provided the "key to invalidating the Jones Act." That Clause provides that "No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another."