Business before the Court

I enjoyed this article by Jeffrey Rosen in this weekend’s New York Times on the US Supreme Court and ‘business’ cases. Well, I didn’t really enjoy some of the conclusions, but the writing is good 😉

Anyway, today’s exciting legal news is that the same court has accepted Fox v FCC (a challenge to the FCC’s new policy towards ‘fleeting’ expletives*), an appeal by the FCC (petition here) from the 2nd Circuit Court of Appeal’s finding that the new policy violated US administrative law (‘arbitrary and capricious’ under the Administrative Procedures Act). They’re arguing that the 2nd Circuit’s decision is inconsistent with FCC v Pacificaand with standards of review under administrative law. Susan Crawford and Scotusblog and Slate’s new law blog, Convictions, all have more.

* Most famously, Bono, who said (and I quote): This is really, really fucking brilliant. Really, really great. Who will be saying that at the end of the case? Headline writers, start your engines.

Finally, tomorrow is the day for oral argument in DC v Heller, trying to figure out what the Second Amendment (the right to short-sleeved shirts) means. Marc Liberman at Language Log has a good post from an interesting perspective and Above the Law has a bit of fun with it.

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