Max Kaplan was quoted in a TR Daily article discussing the issues raised by the Supreme Court in PDR Network that were revisited during the oral argument for McLaughlin Chiropractic v. McKesson Corporation, and whether Justice Amy Coney Barrett or Justice Jackson could be won over to Justice Kavanaugh’s position. According to Max, Justices Kavanaugh, Thomas, Alito, and Gorsuch were “still in line with that concurrence—that Hobbs can’t be interpreted to deprive the district court of the ability” to rule whether the FCC was correct in its order. “I’m not sure this will be the end of the story,” he added. “Whatever happens, we will learn a great deal about what authority a district court has to interpret” an agency ruling.
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