David Pratt Quoted in Texas Lawbook on the Fifth Circuit's FFC Ruling and Potential SCOTUS Review

Bradley attorney David Pratt was quoted in Texas Lawbook on the Fifth Circuit’s Federal Communications Commission (FFC) ruling and the potential for a Supreme Court review.

Pratt agreed this case was likely to be reviewed by the Supreme Court and said he believes the Fifth Circuit is likely to be affirmed. The crux of the issues presented in this dispute fit into a broader category of litigation that address the constitutionality of delegating powers.

“Starting about 40 years ago there was a trend of [C]ongress delegating its authority in a variety of aspects…but I think the pendulum has started to swing back toward a movement pushing back on this increase of delegations of power.”

“This general trend of moving away from the regulatory state and delegation of powers, I think, would resonate with the Supreme Court if you look at the [decision overturning the Chevron doctrine] and others,” he said. “But on the other hand, there’s a balance. Congress can’t decide everything.”

The full article, “Fifth Circuit’s FCC Ruling Ripe for SCOTUS Review,” was published by Texas Lawbook on ­­­­July 26, 2024. (login required)