Supreme Court To Review FCC Authority Over Junk Faxes
In what is shaping up to be an increasingly active term for judicial scrutiny of agency deference, the U.S. Supreme Court granted certiorari in McLaughlin Chiropractic Assoc. v. McKesson Corp., No. 23-1226 (U.S. Oct. 4, 2024)—a case which appears primed to address how much deference federal courts must give to agency interpretations of the law. At issue in McLaughlin is whether the federal Hobbs Act, 28 U.S.C. § 2342(1), requires that courts treat orders by the Federal Communications Commission (FCC) interpreting the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227(b)(1)(C), as “invariably binding[.]”
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