Gundy v. United States
View Official PDFBelow are plain-language sections to help you understand what the Court decided in Gundy v. United States and why it matters. Quotes are taken from the syllabus (the Court’s short summary at the start of the opinion).
Summary
A short, plain-English overview of Gundy v. United States.
The Supreme Court vacated and remanded the decision of the Court of Appeals regarding the binding nature of a 2006 FCC order. The Court identified two preliminary questions: whether the order is a legislative or interpretive rule, and whether PDR had a prior and adequate opportunity for judicial review. The case was remanded for further consideration of these issues.
Holding
The single most important “bottom line” of what the Court decided in Gundy v. United States.
The Court held that the judgment of the Court of Appeals is vacated and the case is remanded for further consideration of preliminary issues.
Constitutional Concepts
These are the Constitution-related themes that appear in Gundy v. United States. Click a concept to see other cases that involve the same idea.
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Why Administrative Law is relevant to Gundy v. United States
The case involves determining whether an FCC order is a legislative or interpretive rule, which relates to the constitutional limits on agency authority.
Syllabus excerpt (verbatim)First, is the order the equivalent of a 'legislative rule,' which is 'issued by an agency pursuant to statutory authority' and has the 'force and effect of law'?
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Why Judicial Review is relevant to Gundy v. United States
The case addresses whether PDR had a prior and adequate opportunity for judicial review of the FCC order.
Syllabus excerpt (verbatim)Second, did PDR have a 'prior' and 'adequate' opportunity to seek judicial review of the order?
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Why Nondelegation is relevant to Gundy v. United States
The case indirectly involves nondelegation concerns by questioning the extent of agency authority to issue binding rules.
Syllabus excerpt (verbatim)If the order is the equivalent of an 'interpretive rule,' it may not be binding on a district court.
Key Quotes
Short excerpts from the syllabus in Gundy v. United States that support the summary and concepts above.
The judgment of the Court of Appeals is vacated, and the case is remanded for that court to consider these preliminary issues.
First, is the order the equivalent of a 'legislative rule,' which is 'issued by an agency pursuant to statutory authority' and has the 'force and effect of law'?
Second, did PDR have a 'prior' and 'adequate' opportunity to seek judicial review of the order?
