A junk fax dispute before the US Supreme Court tests whether a federal law limiting judicial review of Federal Communications Commission final orders can survive after the high court’s landmark voiding of a precedent on agency deference.
The justices are set to hear oral arguments Tuesday in a case over whether a federal district court had to accept an FCC order that the Telephone Consumer Protection Act—which bans unsolicited faxed advertisements—doesn’t apply to online faxes that aren’t printed.
The US Court of Appeals for the Ninth Circuit said the Hobbs Act, which says only circuit courts have authority to review ...