The US Supreme Court issued its big opinion in PDR Network v. Carlton & Harris, today. Found here: PDR Resources The opinion–which was expected to answer the question of whether the FCC actually had the long-assumed power to exclusively implement the TCPA– ended up falling short of providing an answer.
Instead SCOTUS–in a rather remarkable admission– found it “difficult to answer this question”– and has sent the case back to the circuit court of appeal for further determinations on two very interesting preliminary issues.
Justice Kavanaugh’s concurring opinion makes a compelling case for the idea that the Hobbs Act only affords exclusive jurisdiction to consider pre-enforcement facial challenges, but as applied challenges to agency action can still occur in private litigation. Very interesting stuff.
More analysis shortly.