Tag Archives: PDR Network

PDR Network or: Why the Hobbs Act Doesn’t Incorporate Chevron Doctrine (Part II), by James R. Conde

by Guest Blogger — Friday, Feb. 8, 2019

In this second post, I will explain two ways in which the Supreme Court could avoid the constitutional concerns posed by the Fourth Circuit’s decision in PDR Network. First, echoing and augmenting on themes developed in a characteristically thoughtful amicus brief filed by Professor Aditya Bamzai, and separately by Professor Bell, I argue that the […]

PDR Network or: Why the Hobbs Act Doesn’t Incorporate Chevron Doctrine (Part I), by James R. Conde

by Guest Blogger — Wednesday, Feb. 6, 2019

Can Congress require courts to turn a blind eye to the invalidity of an agency’s legal interpretation of the law in an enforcement action? This question is implicated in a case that is before the Supreme Court this term. In PDR Network, LLC v. Carlton & Harris Chiropractic Inc., the Supreme Court will decide whether […]

When Chevron Meets the Hobbs Act: PDR Network v. Carlton & Harris Chiropractic, Inc. (Part III)

by Bernard Bell — Thursday, Nov. 29, 2018

The worse day in a man’s life is when he sits down and begins thinking about how he can get something for nothing.  — Thomas Jefferson This concluding post of my three-part series regarding PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., Dkt. No. 17-1705 (U.S. Sup. Ct.), addresses the merits question the case […]

When Chevron Meets the Hobbs Act: PDR Network v. Carlton & Harris Chiropractic, Inc. (Part II)

by Bernard Bell — Tuesday, Nov. 27, 2018

This is the second post in a three-part series regarding PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., Dkt No. 17-1705 (certiorari granted November 13, 2018).  This post addresses the question the case nominally presents — does the Hobbs Act require district courts to apply FCC regulations, even when the court believes they conflict […]

When Chevron Meets the Hobbs Act: PDR Network v. Carlton & Harris Chiropractic, Inc. (Part I)

by Bernard Bell — Monday, Nov. 26, 2018

  “When Chevron meets Hobbs, consideration of the merits must yield to jurisdictional constraints.” Carlton & Harris Chiropractic, Inc. v. PDR Network, 883 F.3d 459 (4th Cir. 2018) The Supreme Court recently granted certiorari in PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., Dkt No. 17-1705, (Order List Nov. 13, 2018).  The Court framed […]