Ohio Telecom Ass’n v. FCC

On July 31, 2025, the Sixth Circuit granted en banc review of a panel’s decision that the FCC acted lawfully in reissuing a data-breach reporting rule after a substantially similar rule had been vacated by Congress under the Congressional Review Act. As WLF’s in support of en banc review explained, that decision guts the CRA of practical effect and risks doing real damage to the Constitution’s separation of powers. WLF was joined on the brief by the National Federation of Independent Business Small Business Legal Center and the Buckeye Institute.