Legal Commentary

Important Relist in First Amendment/Business Case

By John Elwood

Although determining whether the Supreme Court has relisted a case is somewhat dicey before the Court actually updates its docket, it appears as though the Court has relisted one very important business case that was on for Friday?s conference: Cablevision Systems Corp v. FCC, 09?901, CA2 (Walker, Cabranes, Raggi), which presents the question whether the must-carry obligations imposed by law on cable system operators, and upheld by the Supreme Court in Turner Broadcasting System v. FCC, 520 U.S. 180 (1997), are still constitutionally valid given the much greater competition that exists today than existed in 1997.  I?ll let you know if I learn anything more about what is goign on.

Turner was barely 5?4 last time around, so if the Court grants cert, things will be potentially wide open given changing circumstances during the intervening years and given the Court?s three (soon four) new members. 

(The Court also appears to have relisted for a second time the immigration-law case that was relisted last week, De La Rosa v. Holder, 09?594 (out of CA11).)

Full post as published by The Volokh Conspiracy on May 03, 2010 (boomark / email).