Editor's Note :

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On Tuesday, the justices will hear oral argument in Department of Homeland Security v. Regents of the University of California. Amy Howe has our preview.
Also on Tuesday, the justices will hear oral argument in Hernandez v. Mesa. Amy Howe has our preview.

Briefly Mentioned :

Briefly Noted :

The Supreme Court released additional orders from the November 8 conference. The justices did not add any new cases to their merits docket.

Isiogu v. Michigan Bell Telephone Co.

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
10-329 6th Cir. Mar 30, 2011
Tr.Aud.
Jun 9, 2011 8-0 Thomas OT 2010

Holding: Because the FCC has advanced a reasonable interpretation of its regulations i.e., that to satisfy its duty under §251(c)(2) of the Telecommunications Act of 1996, a carrier must make its existing entrance facilities available to competitors at cost-based rates if the facilities are to be used for interconnection, the Court will defer to the FCC's views. (Kagan, J., recused.)

Plain English Holding: The Federal Communications Commission can bar AT&T from charging market rates for access to the equipment its competitors need to access AT&T's network.

Judgment: Reversed, 8-0, in an opinion by Justice Clarence Thomas on June 9, 2011. Justice Scalia filed a concurring opinion. (Kagan, J., recused.)

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