SCOTUS Won't Hear RF Safety Appeal Brought by 2 Dozen iPhone Users

The U.S. Supreme Court declined Monday to hear a petition from two dozen iPhone users seeking uniformity on appellate courts' decision-making over whether FCC guidelines “impliedly preempt” state law claims about RF safety (see 2301270065). In rejecting the case, SCOTUS, as is the norm, didn't provide reasoning. The petition sought a reversal of the 9th U.S. Circuit Court of Appeals Aug. 26 opinion, affirming the district court’s summary judgment for Apple, based on federal law preemption of the state law claims. Children’s Health Defense and other RF safety advocates urged the court to hear the case. Matthew Wessler, lead lawyer for plaintiffs, and Children’s Health Defense didn’t comment Monday. SCOTUS also denied Berkeley, California's motion to file an amicus brief (see 2303160007).