[BC] FCC Bird ruling

[Mike McCarthy]

On 12/12/2011 5:47 PM, Alan Kline wrote:
>I may be wrong, but I thought the Communications Act gave the DC Court
>of Appeals jurisdiction over appeals from orders of the FCC?

As I recall from my law class, the DC Appellate is the primary adjudication venue for most federal agencies involving questions of statutory application. Which in this case, there is specific reference to several Acts in the Court's opinio and ruling.

In so far as activist judges, I will agree some are and they've been really good at getting nominated and through Senate approval. That said, I recall reading the DC Appellate is not a very liberal bench.And if you listen to either fringe group, the SOCTUS is comprised of all activist jurists.  However, I will also argue that if someone with deep enough pockets felt the DC Appellate had erred or overreached that permitted by the applicable statutes, they would have intervened in either a new action of a rather forceful Friend brief at the time. But since no one has challenged the Court's order, one can only presume the ruling is on solid legal footing.

Which really s*ck$ to high heaven.

MM