Comment by brewdad
Didn't the Supreme Court basically say recently that the FCC and similar Executive Branch groups can't enforce such rules? They must come from the Legislature to have any hope of surviving review.
Didn't the Supreme Court basically say recently that the FCC and similar Executive Branch groups can't enforce such rules? They must come from the Legislature to have any hope of surviving review.
They're referring to the recent decision which reversed the Chevron doctrine, which allowed courts to defer to the interpretation of ambiguous regulations by regulatory agencies. The most common interpretation of this decision is that it has the effect of nullifying the ability of regulatory agencies to regulate, and removes the bulk of their former role to Congress.
Here is a lengthy HN thread about it: https://news.ycombinator.com/item?id=40820949
The way the ruling was made, it will be a case by case basis. If a republican FCC does it, that will be fine and normal but if a democrat does it, it's out of the legislative authority.
Either way, the 5th circuit will stop the rules from going into effect.