High Court Hints At 3 Possible Outcomes In Deference Fight

By Karl Belgum (March 26, 2019, 2:27 PM EDT) -- On Monday, March 25, the U.S. Supreme Court heard oral arguments in PDR Network LLC v. Carlton & Harris Chiropractic Inc.,[1] a case widely viewed as giving the justices an opportunity to express their views on the appropriate level of deference federal courts should give administrative agencies in the interpretation of statutory language.

The case arose when PDR sent a fax to Carlton & Harris offering a free e-book version of the "Physicians' Desk Reference." Carlton & Harris brought a class action alleging that the fax violated the Telephone Consumer Protection Act[2], which, among other things, makes it unlawful to send an...

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