This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.
The Federal Communications Commission (FCC) has loomed large on the Supreme Court’s docket recently. Last term, the Justices addressed E-Rate fraud prevention efforts, the agency’s authority to bind courts, and the constitutionality of its Universal Service Program. Now the Commission is before the High Court. This new case, FCC v. AT&T, asks whether the FCC’s power to levy punitive fines violates the Seventh Amendment right to a trial by jury—a question whose resolution could reshape not just telecommunications regulation but the balance of power among agencies, courts, and juries.
Continue reading