During oral arguments, justices expressed skepticism of AT&T and Verizon’s claims and seemed to agree that FCC fine decisions are nonbinding until enforced by a court. Justice Brett Kavanaugh described the case as a victory for carriers either way, because the government acknowledged its orders are nonbinding without a jury trial.
“It seems like you’ve won on the law going forward, one way or the other,” Kavanaugh told the attorney representing the carriers.
Carriers “tried to dodge all accountability”
Today’s decision is important for upholding the FCC’s ability to investigate and propose penalties that can be enforced in court, said John Bergmayer, legal director at advocacy group Public Knowledge.
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