I've written about this case here: papers.ssrn.com/sol3/papers.... - ThreadSky

About ThreadSky

kexelchabot.bsky.social • 109 days ago

I've written about this case here:
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4984563

Comments

The Fifth Circuit's decision was based on the “combination of Congress’s broad delegation to the FCC" and the FCC’s "subdelegation” of power to implement universal service funding “to private entities.”

kexelchabot.bsky.social•109 days ago

Given the additional concern with subdelegation to a private party, it is unclear whether this case will provide a vehicle for the Court to adopt a more rigorous nondelegation doctrine.

kexelchabot.bsky.social•109 days ago

It is unclear to me how the FCC’s subsequent use of a private entity to implement universal service funding could alter the relevant nondelegation baseline, which under American Trucking turns on the amount of funding discretion initially delegated in the law passed by Congress.

kexelchabot.bsky.social•109 days ago

The Court might use this as an opportunity to clarify this error in the combination theory adopted by the Fifth Circuit. Or it could take the additional question presented as a further off-ramp.

kexelchabot.bsky.social•109 days ago

None of these alternatives rule out a decision adopting a more rigorous nondelegation doctrine, but they do suggest a panoply of other possibilities. If the Court could not muster enough votes to follow the lead of Gorsuch's Gundy dissent in West Virginia v. EPA, I'm not sure what's different now.

kexelchabot.bsky.social•109 days ago

May be of interest to @jdmortenson.bsky.social @nbagley.bsky.social Nick Parrillo Ilan Wurman

Posting Rules

Be respectful to others
No spam or self-promotion
Stay on topic
Follow Bluesky's terms of service

Comments

Posting Rules

Reply