Preemption Doctrine Needs Limits, Muni Tells SCOTUS
Eugene, Oregon's appeal of the FCC local franchise authority order is "an excellent vehicle [for the Supreme Court] to curb the broad expansion of implied preemption doctrine," the petitioner said in a docket 21-661 reply brief filed Tuesday. Eugene petitioned…
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for a writ of certiorari on a 6th U.S. Circuit Court of Appeals decision partially upholding the FCC's 2019 local franchise authority order (see 2105260035). It said there are multiple examples, going beyond FCC preemption of local franchise authority based on the Cable Act, of preemption of state and local authority not tied to the statutory text or application of implied preemption jurisprudence. It said SCOTUS should hear the case because of the fundamental schism between the 6th Circuit decision and a previous Oregon Supreme Court decision.