The webcast of our program yesterday featuring former Solicitor General and DC Circuit Judge Kenneth Starr, former White House Counsel Boyden Gray, and former FCC General Counsel Christopher Wright is now available. For those who could not be there in person, I heartily recommend you take some time to listen to these three extraordinarily accomplished lawyers and public servants debate the question of "The Supreme Court and the Future of the Telecom Act of 1996." You'll hear very high level intellectual debate on the pros and cons concerning whether the SG should seek review of the USTA II decision.
Ken Starr's message: "The right answer is that the SG should not accede to the FCC's request." According to Judge Starr, the FCC majority which was reversed by the DC Circuit "over very vigorous dissents, has embarked on an entirely new venture, with no basis in law, but with enormous implications for both the administrative state and Presidential power."
I happen to agree with Judge Starr. But you be the judge. Listen to the debate.