The First Deference Ruling Of High Court Term

Law360 (June 25, 2019, 5:40 PM EDT) -- One single fax message led to the first major decision in the current U.S. Supreme Court term addressing the tug-of-war between federal courts and federal administrative agencies over the power to interpret laws.

In PDR Network LLC v. Carlton & Harris Chiropractic Inc.,[1] the Supreme Court considered whether the Federal Communications Commission’s orders interpreting the Telephone Consumer Protection Act must be adopted and followed by the district courts, or whether litigants have the right to make as-applied challenges to the validity of those orders in the district court.

Because FCC orders have historically been a major driver of changes in the law,...

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