Jeff Wall, Head of S&C’s Supreme Court and Appellate Practice and former Acting Solicitor General of the United States, spoke with Law360 about whether the limitation of agency powers after Loper Bright v. Raimondo will affect the Supreme Court’s consideration of arguments related to the Federal Communications Commission’s reclassification of broadband under Title II of the Communications Act and reinstatement of net neutrality rules, which the Sixth Circuit temporarily blocked earlier this year. When asked how the recent overturning of the Chevron deference might affect the Court’s decision, Jeff noted that the Supreme Court doesn’t seem to see any tension between the major questions doctrine, which holds that agencies cannot regulate matters of extraordinary economic and political significance without Congress’ express authorization, and Loper Bright.
“And I don’t think the Supreme Court thought that it was silently abrogating every clear statement rule out there by just saying, ‘When we’re getting rid of Chevron, courts should give the statute its best reading,’” he said. “There is a question out there about whether the major questions doctrine survives Loper Bright. I am very confident that the Supreme Court thinks that it does.”
Read: “Net Neutrality Foes See 6th Circ. Clearing Path to End Rules”