SCOTUS Decision Not Pertinent to Junk Fax Rule Appeal: FCC to 2nd Circuit
To say the Supreme Court's Salinas decision contains a presumption favoring judicial review of administrative action "is inapt," respondent FCC said in a letter Monday (in Pacer, docket 20-1075) to the 2nd U.S. Circuit Court of Appeals. The issue before…
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the 2nd Circuit in an appeal of the agency's scrapping its junk fax rule retroactively isn't whether the FCC order is reviewable but whether the court should treat a D.C. Circuit decision finding the rule invalid as conclusive, the commission said. Its letter was in response to one from petitioner Bais Yaakov of Spring Valley, New York, arguing SCOTUS' Salinas decision bolsters the appeal (see 2102050006).