In a landmark ruling, the court in FCC v Fox Television Stations by a 5-4 vote concluded that the Federal Commission’s action was consistent with its statutory obligations under the Administrative Procedure Act and that it ‘provided reasonable explanation for its reversal of policy direction its decision was neither arbitrary nor capricious.’ This case reveals a major shift in the application of APA on agency actions and will have a profound effect on future agency actions.
Even though the majority of judges (5-4) ruled in favour of the FCC, their decision was completely inconsistent with previous case laws and moreover, in the words of Justice Breyer, hints at court decisions being frequently compromised by politics.
The author thinks that Justice Breyer’s dissenting opinion in the case is not only more persuasive but also questions the lack of sound reason in the judgment and points out the dangerous trend of court decisions having political undertones. …show more content…
This standard ensured that agencies give a sound justification before making any policy
Even though the majority of judges (5-4) ruled in favour of the FCC, their decision was completely inconsistent with previous case laws and moreover, in the words of Justice Breyer, hints at court decisions being frequently compromised by politics.
The author thinks that Justice Breyer’s dissenting opinion in the case is not only more persuasive but also questions the lack of sound reason in the judgment and points out the dangerous trend of court decisions having political undertones. …show more content…
This standard ensured that agencies give a sound justification before making any policy