The Supreme Court is once again reviewing the FCC’s interpretative authority, following last year’s decision to end Chevron deference. The case, McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation, questions whether district courts must follow FCC rulings, specifically regarding the 2019 Amerifactors decision, which exempted online fax services from TCPA regulations. Justice Sonia Sotomayor and Ketanji Brown Jackson questioned whether the Hobbs Act binds lower courts to FCC interpretations. Justice Clarence Thomas voiced concerns about courts being forced to accept flawed agency rulings, while Justice Neil Gorsuch raised due process concerns for parties not involved in agency decisions. If the Court rules that district courts aren’t bound by FCC interpretations, it could reshape administrative law, giving judges more power to review agency decisions. This aligns with the June 2024 Chevron reversal, which now requires courts to independently determine agency authority, limiting agency power over statutory interpretations.
