An emergency petition Sunday by the executive branch seeking U.S. Supreme Court intervention to block courts from interfering with the removal of the head of the Office of Special Counsel could have implications for the president’s removal power over FCC commissioners, said Free State Foundation President Randolph May in a blog post Tuesday. Acting Solicitor General Sarah Harris asked SCOTUS to vacate a temporary restraining order barring the removal of Office of Special Counsel leader Hampton Dellinger as “an unprecedented assault on the separation of powers.” Blocking the president from removing presidential appointees under his authority “inflicts the gravest of injuries on the Executive Branch and the separation of powers,” said the emergency petition. In it, Harris restated DOJ's argument (see 2502140047) that tenure protections for members of multimember commissions are unconstitutional. “If this view ultimately prevails in the Supreme Court, a president's authority to remove an FCC commissioner without providing any reason would be assured,” May said. The court could instead rule that Dellinger could be ousted based on language in the statute that allows the head of the Office of Special Counsel to be removed for inefficiency, malfeasance or neglect of duty, he added. Other agencies targeted in a recent letter to Congress from the Solicitor General -- such as the FTC and the National Labor Relations Board -- are based on statutes with similar language, but that language isn’t present in the Communications Act. That could be “determinative” if a president ever tries to remove an FCC commissioner, May said. He included a disclaimer at the end of his post clarifying that he isn't advocating for White House removal of FCC commissioners.
The U.S. District Court for the District of Columbia denied a motion for a temporary restraining order against the Education Department, as sought by the University of California Student Association (USCA). Judge Randolph Moss ruled Monday that Department of Government Efficiency (DOGE) access to student data and records will not cause the plaintiffs irreparable harm, so a TRO is unnecessary. However, DOGE faced a new lawsuit at the same court Monday, this time challenging the entity's access to sensitive information at the Internal Revenue Service (IRS).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
In a Feb. 14 email alert to members, the National Customs Brokers & Forwarders Association of America warned that CBP has accepted some entries made by members even though those entries don't have proper duty calculations or new import duties on China that were mandated under President Donald Trump's executive order last week.
The fact that the White House reciprocal tariff memo covers far more than tariffs gives the administration a great deal of leeway to impose tariffs on even trading partners like Canada, Mexico and South Korea that have virtually no tariffs on U.S. exports.
The Resilient Navigation and Timing Foundation filed a paper Wednesday at the FCC on positioning, navigation and timing (PNT) options other than NextNav’s proposal to use 900 MHz spectrum as an alternative to GPS (see 2404160043). The U.S. “must develop alternatives to GPS and strengthen its PNT capabilities,” the paper says. But “granting the NextNav petition is costly in terms of spectrum, not necessary to achieve this goal and likely would not even deliver a real-world improvement in the country’s PNT capabilities.” The paper, filed in docket 24-240, notes China and Russia have terrestrial PNT systems “that make them much more resilient to interference with their satellite navigation systems.” Other vendors and technologies -- including Locata, PhasorLab, the Broadcast Positioning System and enhanced long-range navigation (eLoran) -- also offer alternatives to GPS, the foundation said. “These companies have not asked the FCC for additional spectrum to implement their solutions.”
Communications Daily is tracking the lawsuits below involving appeals of FCC actions. New lawsuits since the last update are marked with an *.
The reciprocal tariffs that the U.S. intends to levy on imports -- which could be announced as soon as April 2 -- may not be a one-for-one match of the tariff rate of another country for that product. Rather, they could take into account wage suppression, exchange rate management, "mercantilist policies," non-tariff barriers, value-added tax and extraterritorial taxes.
Supporters of the AM Radio for Every Vehicle Act told us they see the Senate Commerce Committee’s strong vote Wednesday to advance its revised version of the measure (S-315) as a positive early step. But they acknowledged the Capitol Hill dynamics that led congressional leaders to scuttle a December bid to pass an earlier version of the measure via a year-end package remains an obstacle. Senate Commerce advanced S-315 on a voice vote, with Sen. John Curtis, R-Utah, asking the panel to record him as opposed (see 2502050052).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: