On June 9, 2023, WLF urged the D.C. Circuit to reverse a federal trial-court’s dismissal of an important challenge to a final rule issued by the Library of Congress. WLF joined the National Association of Manufacturers on the amicus brief, which was drafted by David Chung and Elizabeth Dawson of Crowell & Moring LLP. The brief argues that judicial review of federal action is essential to maintain the separation of powers. Only a clear statement from Congress can overcome the strong presumption of judicial review of administrative actions. Here there is no clear statement precluding review of the Library’s DMCA rulemaking. Moreover, withholding judicial review of the Library’s rule will have unintended consequences. The rule threatens to erode copyright protections, stifle innovation, and harm consumers.
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