Pai Mum on 3rd Circuit SCOTUS Appeal; FCC Court Filing Hints at Possible Cert Petition
The FCC hinted at the possibility of a Supreme Court appeal of the 3rd U.S. Circuit Court of Appeals Prometheus IV decision, in a status report in another case Wednesday. FCC Chairman Ajit Pai declined to comment Thursday whether his…
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agency is in discussions with DOJ about seeking certiorari for a SCOTUS appeal by the Feb. 18 deadline. In a joint filing with the News Media Alliance in another 3rd Circuit case, News Media Alliance v. FCC (On Pacer, No. 17-1108), the FCC asked the court to delay because of a possible cert petition. The 3rd Circuit should “hold this case in abeyance until any timely filed petitions for writ of certiorari in the Prometheus cases are disposed of and (ii) extend the deadline prescribed by the Court’s November 20, 2018 Order until 30 days after the certiorari petitions, if any, are disposed of,” said the joint filing. The alliance case was a 2017 challenge to the FCC ban on newspaper/broadcast cross-ownership that has been on hold while similar cases such as Prometheus proceeded.