Re: OT: Let's hear it for the activist judges!

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Author: Erik Bixby
Date:  
To: plug-discuss
Subject: Re: OT: Let's hear it for the activist judges!
I agree with Victor, as I imagine most everyone on the list does,
which is why I found the choice of subject so odd...

On 5/6/05, Victor Odhner <> wrote:
> Actually, the court was not "legislating from the bench" as
> courts so often do -- the FCC was doing the "legislating",
> and way beyond the authority granted by Congress.
> The court got it right, fer shure.
>
> Vic
>
> Quote:
> "We can find nothing in the statute, its legislative history, the
> applicable case law, or agency practice indicating that Congress meant
> to provide the sweeping authority the FCC now claims over receiver
> apparatus," said the appeals court panel.
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