Joe Palmore spoke to theNational Law Journalfor an article discussing some of the legal issues in the lower courts that might be headed for U.S. Supreme Court resolution in the future.
Among the regulatory cases to watch in the circuit courts are almost identical complaints brought in three different courts against the Federal Communications Commission alleging the agency’s Universal Service Fund to subsidize telecom services in low-income areas violates the Constitution’s nondelegation doctrine.
“[The cases] present the kinds of issues that are of great interest to this group of justices, including on delegations of authority to administrative agencies and the funding structure of federal programs,” Joe said. “If a circuit split emerges, the chance of Supreme Court review [is] very high. Without a split, review is less likely but still possible given the importance and nature of the issues.”