By Adam R. Jacobson, Radio Ink, 6-30-24
Twin 6-3 decisions in late June by the U.S. Supreme Court could usher in a new era at the FCC when it comes to how it interprets ambiguous congressional laws.
The first decision (Loper Bright) erases “Chevron deference,” a practice stemming from a 40-year-old Supreme Court ruling in which courts defer to the decision of an administrative agency such as the FCC when interpreting an ambiguous congressional statute, unless the agency’s decision is arbitrary and capricious or contrary to law.
The second ruling (Jarkesy) effectively dilutes the power of an agency’s Administrative Law Judge. For the FCC under Jessica Rosenworcel, this could be highly significant – and could upend future enforcement actions while emboldening broadcasters to seek regulatory relief in the courts. » Read More