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PDR Network, LLC v. Carlton & Harris Chiropractic Inc.

Docket No.17-1705
Op. Below4th Cir.
ArgumentMar 25, 2019
Vote9-0
AuthorStephen G. Breyer
OpinionJun 20, 2019
TermOctober Term 2018
SCOTUS PageOpinion

Holding

The extent to which a 2006 Federal Communications Commission order interpreting the term "unsolicited advertisement" binds lower courts may depend on the resolution of two preliminary questions that the U.S. Court of Appeals for the 4th Circuit should address in the first instance: (1) whether the order is the equivalent of a legislative rule, which has the force and effect of law, or an interpretative rule, which does not; and (2) whether PDR Network, LLC had a "prior" and "adequate" opportunity to seek judicial review of the order.

Judgment

Vacated and remanded, 9-0, in an opinion by Stephen G. Breyer on Jun 20, 2019. Justice Thomas filed an opinion concurring in the judgment, in which Justice Gorsuch joined. Justice Kavanaugh filed an opinion concurring in the judgment, in which Justices Thomas, Alito, and Gorsuch joined.

Proceedings & orders timeline

Jun 21, 2018
Petition for a writ of certiorari filed. (Response due July 26, 2018)Jul 11, 2018
Waiver of right of respondent Carlton & Harris Chiropractic, Inc. to respond filed.
Jul 18, 2018
DISTRIBUTED for Conference of 9/24/2018.
Aug 1, 2018
Response Requested. (Due August 31, 2018)
Aug 29, 2018
Brief of respondent Carlton & Harris Chiropractic, Inc. in opposition filed.Sep 11, 2018
Reply of petitioners PDR Network, LLC, et al. filed. (Distributed)
Sep 12, 2018
DISTRIBUTED for Conference of 10/5/2018.
Oct 9, 2018
DISTRIBUTED for Conference of 10/12/2018.
Oct 22, 2018
DISTRIBUTED for Conference of 10/26/2018.
Oct 29, 2018
DISTRIBUTED for Conference of 11/2/2018.
Nov 5, 2018
DISTRIBUTED for Conference of 11/9/2018.
Nov 13, 2018
Petition GRANTED limited to the following question: Whether the Hobbs Act required the district court in this case to accept the FCC's legal interpretation of the Telephone Consumer Protection Act.
Nov 27, 2018
Motion for an extension of time to file the joint appendix and petitioner's brief on the merits filed.
Nov 28, 2018
Motion to extend the time to file the joint appendix and petitioner's brief on the merits granted and the time is extended to and including January 8, 2019.
Jan 8, 2019
Brief of petitioners PDR Network, LLC, et al. filed.Jan 9, 2019
Motion to dispense with printing the joint appendix filed by petitioners PDR Network, LLC, et al.Jan 15, 2019
Brief amicus curiae of Aditya Bamzai filed.Jan 15, 2019
Brief amici curiae of State and Local Government Associations filed.Jan 15, 2019
Brief amici curiae of State of Oklahoma, et al. filed.Jan 15, 2019
Brief amicus curiae of U.S. Chamber of Commerce in support of neither party filed.
Jan 22, 2019
Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
Jan 25, 2019
SET FOR ARGUMENT on Monday, March 25, 2019
Feb 7, 2019
Brief of respondent Carlton & Harris Chiropractic, Inc. filed.
Feb 14, 2019
CIRCULATED
Feb 14, 2019
Brief amicus curiae of United States filed. (Distributed)Feb 14, 2019
Brief amicus curiae of Electronic Privacy Information Center filed. (Distributed)Feb 14, 2019
Brief amici curiae of American Bankers Association, et al. filed. (Distributed)Feb 14, 2019
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.Feb 15, 2019
Corrected Certificate of Compliance from the Electronic Privacy Information Center filed. (2/19/2019)
Feb 21, 2019
Record requested from the U.S.C.A. 4th Circuit.
Mar 4, 2019
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Mar 11, 2019
Reply of petitioners PDR Network, LLC, et al. filed. (Distributed)
Mar 25, 2019
Argued. For petitioners: Carter G. Phillips, Washington, D. C. For respondent: Glenn L. Hara, Rolling Meadows, Ill.; and Rachel P. Kovner, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Jun 20, 2019
Judgment VACATED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Sotomayor, and Kagan, JJ., joined. Thomas, J., filed an opinion concurring in the judgment, in which Gorsuch, J., joined. Kavanaugh, J., filed an opinion concurring in the judgment, in which Thomas, Alito, and Gorsuch, JJ., joined.
Jul 22, 2019
JUDGMENT ISSUED.

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