SCOTUS Backs Petitioner's Position in Junk Fax Rule Appeal: Yaakov to 2nd Circuit
The Supreme Court's recent decision in Salinas supports the position that the Administrative Orders Review Act (Hobbs Act) requires the 2nd U.S. Circuit Court of Appeals to independently review the validity of the FCC's junk fax opt-out rule as part…
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of its review of the agency's 2020 order retroactively repealing that rule, said petitioner Bais Yaakov of Spring Valley, New York. It said the 2nd Circuit isn't bound by a previous D.C. Circuit decision invalidating that rule, said Bais Yaakov, which is appealing the 2020 order with the 2nd Circuit (see 2102020030), in a letter Thursday (in Pacer, docket 20-1075). Salinas said there's a strong presumption in favor of judicial review of administrative action and when there's ambiguity in a statute about the scope of such review, the resolution usually should be in favor of the existence of such review, Bais Yaakov said. Respondent FCC didn't comment Friday.