Mark Mosier’s commentary was included in a Law360 article looking ahead to significant Supreme Court cases to be decided in Spring 2024. Mark discussed the Loper Bright Enterprises v. Raimondo and NetChoice, LLC v. Paxton cases.
Mark said of Loper Bright Enterprises v. Raimondo that “a ruling — either partially or entirely — in favor of Loper Bright and Relentless could lead to greater predictability of law going forward because each presidential administration wouldn't have carte blanche authority to upend previously established industry rules and regulations. If courts have final say, the meaning of the law is going to stay consistent. In the past, with the change of administrations, you can have a change in the laws that leads to a lot of unpredictability.”
The court’s NetChoice, LLC v. Paxton decision “will provide insight on whether the justices view social media platforms as common carriers, like utility companies, subject to various regulations in the same light as the Fifth Circuit, or whether they agree with the Eleventh Circuit's view that platforms are like newspapers and are free to make their own editorial decisions. It's a critical issue and an important question that will affect how most people receive their news and information,” he said.
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