McDonough v. Smith
View Official PDFBelow are plain-language sections to help you understand what the Court decided in McDonough v. Smith 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 McDonough v. Smith.
The Supreme Court vacated and remanded the decision of the Court of Appeals regarding whether an FCC order binds lower courts. The Court identified two preliminary questions: whether the order is a legislative or interpretive rule, and if 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 McDonough v. Smith.
The Court held that the judgment of the Court of Appeals is vacated and the case is remanded for consideration of preliminary issues.
Constitutional Concepts
These are the Constitution-related themes that appear in McDonough v. Smith. Click a concept to see other cases that involve the same idea.
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Why Administrative Law is relevant to McDonough v. Smith
The case involves the extent to which an FCC order binds lower courts, which is a question of administrative law.
Syllabus excerpt (verbatim)The extent to which the 2006 FCC order binds the lower courts may depend on the resolution of two preliminary sets of questions...
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Why Judicial Review is relevant to McDonough v. Smith
The case involves the question of whether PDR had a prior and adequate opportunity for judicial review of the FCC order.
Syllabus excerpt (verbatim)If the Hobbs Act's exclusive-review provision... did not afford PDR a 'prior' and 'adequate' opportunity for judicial review...
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Why Procedural Due Process is relevant to McDonough v. Smith
The case touches on whether PDR had a fair opportunity for judicial review, implicating procedural due process concerns.
Syllabus excerpt (verbatim)If the Hobbs Act's exclusive-review provision... did not afford PDR a 'prior' and 'adequate' opportunity for judicial review...
Key Quotes
Short excerpts from the syllabus in McDonough v. Smith 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.
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'?
Did PDR have a 'prior' and 'adequate' opportunity to seek judicial review of the order?
