Court splits on ‘intercircuit stare decisis’

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted January 13, 2022 11:25 AM

Stare decisis generally doesn’t obligate a U.S. Circuit Court of Appeals to follow an opinion from another circuit. But when four petitioners challenged a 2020 decision by the Federal Communications Commission that withdrew a controversial 2006 regulation about “solicited faxes,” the 2nd Circuit split on whether it was obligated to follow a ruling the D.C. Circuit issued in 2017.The D.C. Circuit had been randomly picked — under the Administrative Orders Review Act’s channeling mechanism &mdash …

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