Eric Fruits and Ben Sperry on Loper Bright

ICLE Senior Scholars Eric Fruits and Ben Sperry were cited by Communications Daily in a story about the potential impact of the Supreme Court’s Loper Bright decision on telecom policy. You can read the full piece here.

The U.S. Supreme Court is “clear[ly] … exasperated with the FCC’s flip-flopping between Title I and Title II” classification of the internet, International Center for Law & Economics scholars blogged Wednesday. ICLE’s Eric Fruits and Ben Sperry pointed to Justice Neil Gorsuch’s concurrence in the Loper Bright decision. Gorsuch cited the FCC’s changing Title II policies despite no changes in statutes governing those regulations as a weakness of Chevron deference. The current legal appeal of the agency’s most-recent reclassification (see 2406030053) could be tied up in courts for years, Fruits and Sperry added. It’s unclear if the FCC’s most recent flip “was the last or if there will be one more.”