Supreme Court Delivers One-Two Punch to Agency Power

LB3 Partner, Steve Rosen recently authored a detailed article with CircleID that details the US Supreme Court’s 2024 decision regarding two cases: Loper Bright Enterprises v. Raimondo and SEC v. Jarkesy.  

This decision is significant, if not historic, impacting the ability of federal agencies to regulate areas of the national economy – including the FCC’s ability to regulate telecom and Internet service providers.

2024 will be remembered as the year in which the Supreme Court deprived federal agencies of significant rulemaking and enforcement powers. The results of that shift in power are unclear, but as we have seen in the Fifth Circuit, regulated entities—armed with this new judicial precedent—are unlikely to be shy in challenging agency power in the years to come.

You can read the full article here.

• You can also listen to Steve’s recent podcast episode about this matter.