A 5th U.S. Circuit Court of Appeals ruling last week against the SEC could have implications for FCC enforcement actions and the powers of administrative law judges like the FCC’s ALJ Jane Halprin, but it is too early to be sure how the ruling against the SEC applies to other agencies, said academics and communications attorneys in interviews. Based on that Jarkesy v. SEC decision, U.S. Supreme Court rulings and a pair of cases currently before SCOTUS, the outlook for ALJs at federal agencies -- including the FCC -- “looks a little shaky,” said Jeffrey Lubbers, an administrative law professor at American University. “I’d be surprised if this decision is the final word,” said former FCC General Counsel Tom Johnson, now with Wiley.
The looming battle for Senate confirmation of Supreme Court nominee Amy Coney Barrett could either help or hurt FCC nominee Nathan Simington's chances of getting the chamber's approval before the election, lawmakers and others told us. President Donald Trump announced his Barrett pick Saturday to succeed the late Justice Ruth Bader Ginsburg, as expected (see 2009220022). Trump earlier named Simington, an NTIA senior adviser, as his pick to replace Commissioner Mike O'Rielly (see 2009150074).
The looming battle for Senate confirmation of Supreme Court nominee Amy Coney Barrett could either help or hurt FCC nominee Nathan Simington's chances of getting the chamber's approval before the election, lawmakers and others told us. President Donald Trump announced his Barrett pick Saturday to succeed the late Justice Ruth Bader Ginsburg, as expected (see 2009220022). Trump earlier named Simington, an NTIA senior adviser, as his pick to replace Commissioner Mike O'Rielly (see 2009150074).
Beyond the usual difficulty in getting the Supreme Court to take a case, petitions (see 1504080050) seeking review of the 2011 USF/intercarrier compensation order (see 1405270045) face some obstacles, former FCC Chairman Reed Hundt and other telecom attorneys told us. U.S. Cellular’s argument that the net neutrality order adds to the urgency to deal with the agency’s Telecommunications Act 706 authority through the Universal Service Fund/ICC case is unlikely to move justices, they said.