Joe Palmore spoke toCommunications Dailyabout the Supreme Court’s decisionBiden v. Nebraska, the student loan case that has implications for the most controversial items addressed by the Federal Communications Commission (FCC).
According to Joe, the decision shows the Supreme Court “is very serious about the major-questions doctrine and is willing to apply it in a variety of settings. He added that the court also accepted review of a case for next term “that will allow it to consider overrulingChevron.”
“All of this means that we are moving from a world of judicial deference toward agencies to one of judicial skepticism,” Joe said. “Before asserting broad authority based on general statutory language, the FCC will undoubtedly be thinking hard about how it would be received in court.”