FCC v. Prometheus Radio Project, Nos. 19-1231; National Ass’n of Broadcasters v. Prometheus Radio Project, Nos. 19-1241.
For 17 years, a panel of the U.S. Court of Appeals for the Third Circuit has repeatedly vacated the Federal Communications Commission’s attempts to reform its restrictions on a broadcaster’s ownership of multiple media outlets in a single market. Most recently, the panel held that the FCC must consider statistical evidence about the prospective effect of the rule changes on minority and female ownership. Should the panel be showing greater deference to the FCC’s determinations?
Wolf v. Innovation Law Lab, No. 19-1212.
The Department of Homeland Security’s (DHS) “Migrant Protection Protocols” require many people who enter the United States illegally to be returned to Mexico during their removal proceedings.
- The Immigration and Nationality Act authorizes a program of this type, but not for aliens to whom the Act’s expected removal provision “applies.” Does that allow the protocols to be applied to aliens who were eligible for expedited removal, but who DHS lawfully chose to place into regular removal proceedings instead?
- Do the protocols violate the United States’ obligations not to remove people to countries where they face persecution or torture because, although they require that an alien not be returned to Mexico if immigration officials determine he or she reasonably fears persecution or torture there, they do not require that aliens be asked about this matter?
- Are the protocols a “general statement of policy” that the Administrative Procedure Act exempts from notice-and-comment rulemaking?
- Was a nationwide injunction against the protocols overbroad?
Carr v. Saul, No. 19-1442; Davis v. Saul, No. 20-105.
If a Social Security claimant wishes to argue that the administrative law judge (ALJ) assigned to his case was not appointed in conformity with the Appointments Clause of the Constitution, must the claimant raise the issue with the ALJ, or may he make the argument for the first time when seeking judicial review?