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SCOTUS Punts on TCPA Fax Case; Court Conservatives Would Go Further

June 21, 2019, Communications Daily

Kevin King is quoted in Communications Daily regarding the Supreme Court’s decision in PDR Network v. Carlton & Harris Chiropractic, a case involving a company's efforts to disregard an FCC rule about junk faxes. According to Mr. King, the decision could have significant impact for the FCC and regulated companies in the subsidiary questions remanded to the 4th Circuit. The Kavanaugh concurrence seems to open the door to a third option of lower courts going further and saying the Hobbs Act doesn't cut off challenging the merits of an FCC order. He adds that the concurrence shows his expertise on administrative law, having come from the D.C. Circuit, which "lives administrative law daily."

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