LuminousVoid

I previously blogged the broadcast flag oral arguments. A big issue during the argument was the standing of the parties to sue to FCC. It appears that the judges have asked for supplemental briefs on the standing issue. From speaking to some people in one of the groups, they were offering to do this, so it’s not a surprise.

My guess is the FCC will support the petitioners on the standing issue, because they want to get to the merits of the case — someone will sue eventually, and the merits will be reached. The only consideration they might have against the petitioners in the standing issue is if they don’t like the panel of three judges. From the play-by-play of the arguments, this is a real possibility. Though I don’t know if any other DC Circuit panel would be any better.

UPDATE: Here is a link to the request for standing. They have two weeks to file a brief and affidavits showing probability of harm to a member of their association.