Supreme Court Justice Anthony Kennedy's effective retirement could alter court leanings, given his frequent swing votes, but the impact on communications law is unclear, attorneys told us Wednesday. The court said Kennedy will shift from active to senior status July 31. "This is a momentous development for the nation, but I don't think this has significance for communications law in the near term," emailed Andrew Schwartzman, senior counselor at Georgetown Law’s Institute for Public Representation. Others called Kennedy a strong defender of free speech rights and noted he authored indecency and other media rulings. Citing recent 5-4 decisions and new Justice Neil Gorsuch, National Religious Broadcasters CEO Jerry Johnson urged President Donald Trump to once again nominate "a Constitution-honoring individual in the mold of" late Justice Antonin Scalia. Sen. Shelley Moore Capito, R-W.Va., also sought a nominee similar to Gorsuch. But Dianne Feinstein, D-Calif., Senate Judiciary Committee ranking member, called Kennedy a "pivotal and important" justice, and said no consideration of a replacement should be considered until after the November election. Sen. Patrick Leahy, D-Vt., respected Kennedy's "independence," even when they disagreed, and urged Trump to "abandon his 'short-list' of far-right" nominees. Among those issuing statements commending Kennedy were Senate Judiciary Chairman Charles Grassley, R-Iowa (here); Sen. Orrin Hatch, R-Utah, a former Judiciary chairman (here); Sen. Rob Portman, R-Ohio (here); and House Judiciary Committee Chairman Bob Goodlatte, R-Va. (here).

Supreme Court Justice Anthony Kennedy's effective retirement could alter court leanings, given his frequent swing votes, but the impact on communications law is unclear, attorneys told us Wednesday. The court said Kennedy will shift from active to senior status July 31. "This is a momentous development for the nation, but I don't think this has significance for communications law in the near term," emailed Andrew Schwartzman, senior counselor at Georgetown Law’s Institute for Public Representation. Others called Kennedy a strong defender of free speech rights and noted he authored indecency and other media rulings. Citing recent 5-4 decisions and new Justice Neil Gorsuch, National Religious Broadcasters CEO Jerry Johnson urged President Donald Trump to once again nominate "a Constitution-honoring individual in the mold of" late Justice Antonin Scalia. Sen. Shelley Moore Capito, R-W.Va., also sought a nominee similar to Gorsuch. But Dianne Feinstein, D-Calif., Senate Judiciary Committee ranking member, called Kennedy a "pivotal and important" justice, and said no consideration of a replacement should be considered until after the November election. Sen. Patrick Leahy, D-Vt., respected Kennedy's "independence," even when they disagreed, and urged Trump to "abandon his 'short-list' of far-right" nominees. Among those issuing statements commending Kennedy were Senate Judiciary Chairman Charles Grassley, R-Iowa (here); Sen. Orrin Hatch, R-Utah, a former Judiciary chairman (here); Sen. Rob Portman, R-Ohio (here); and House Judiciary Committee Chairman Bob Goodlatte, R-Va. (here).

The FCC is seen as aiming to include an order on the national TV ownership cap on the July 12 commissioners’ meeting agenda, with the goal of getting ahead of an expected unfavorable court ruling on the UHF discount (see 1804200059), broadcasters, their lawyers and an official told us. All said it’s not clear what that order will do to the cap, and broadcasters are divided (see 1806050040). Broadcast groups such as Hearst and Gray filed a BIA Kelsey study posted Monday supporting their call for a 50 percent cap that would block Sinclair buying Tribune as currently constructed, while NAB recently met with aides to Chairman Ajit Pai on the association’s pitch to apply a rebranded UHF discount to all TV broadcasters.

Several net neutrality advocates don't plan to seek a stay of the FCC order undoing Communications Act Title II broadband service regulation. They told us Tuesday they aren't aware of any who will seek a stay, with the order to take effect Monday. Some have warned that Monday will mark the start of declines in internet freedom, which Republicans and other net neutrality deregulation backers say is overblown and untrue.

Several net neutrality advocates don't plan to seek a stay of the FCC order undoing Communications Act Title II broadband service regulation. They told us Tuesday they aren't aware of any who will seek a stay, with the order to take effect Monday. Some have warned that Monday will mark the start of declines in internet freedom, which Republicans and other net neutrality deregulation backers say is overblown and untrue.

All signs point to an easy Senate confirmation vote for FCC nominee Geoffrey Starks, but his lack of a clear public track record on many high-profile telecom policy issues likely portends tough questions from lawmakers in both parties in the weeks ahead, communications officials and lobbyists told us. President Donald Trump at our deadline Monday formally nominated Starks, an Enforcement Bureau assistant chief, to succeed outgoing Commissioner Mignon Clyburn for a term ending June 30, 2022. Chairman Ajit Pai and some other commissioners lauded Starks’ selection Friday, though only some directly received a White House announcement about the nomination then (see 1806010072).

All signs point to an easy Senate confirmation vote for FCC nominee Geoffrey Starks, but his lack of a clear public track record on many high-profile telecom policy issues likely portends tough questions from lawmakers in both parties in the weeks ahead, communications officials and lobbyists told us. President Donald Trump at our deadline Monday formally nominated Starks, an Enforcement Bureau assistant chief, to succeed outgoing Commissioner Mignon Clyburn for a term ending June 30, 2022. Chairman Ajit Pai and some other commissioners lauded Starks’ selection Friday, though only some directly received a White House announcement about the nomination then (see 1806010072).

Data throttling will be a top enforcement priority when FTC jurisdiction over broadband providers is restored June 11, said Consumer Protection Bureau Director Andrew Smith Friday. When the FCC net neutrality order takes effect, the FTC will look to publicly expose “issues with respect to fast-tracking of certain traffic and slowing down to less speed with respect to other traffic,” Smith said at a George Mason University event, citing recent throttling allegations against AT&T.

Data throttling will be a top enforcement priority when FTC jurisdiction over broadband providers is restored June 11, said Consumer Protection Bureau Director Andrew Smith Friday. When the FCC net neutrality order takes effect, the FTC will look to publicly expose “issues with respect to fast-tracking of certain traffic and slowing down to less speed with respect to other traffic,” Smith said at a George Mason University event, citing recent throttling allegations against AT&T.

Commissioner Mignon Clyburn remains at the FCC a month after she announced she was leaving (see 1804170056), in a move some FCC watchers said is unusual for departing members. She has stopped participating in monthly open meetings and wasn’t at the May 10 meeting. Yet she remains a commissioner and has continued to vote on some items on circulation, FCC officials said. Clyburn had an FCC goodbye party (see 1805070036) yet she continues making other public appearances.