On January 16, the U.S. Supreme Court heard oral argument regarding the City of Arlington, Texas’s challenge to an FCC rule mandating a time within which municipalities must rule on certain cell tower applications. The transcript and audio of the argument is available here. Previously, we have written a thorough explanation of the so-called “shot clock” rule that readers will find here. The transcript and audio are a great example of two seasoned appellate attorneys arguing before the Court. While one is never certain how the Court will rule until it issues its opinion (remember its decision in the Affordable Care Act case?) the justices’ questions indicate that the Court may ultimately affirm the FCC’s rule.
We will monitor this case and discuss the Court’s decision when it is issued later this term.