Legal Opinion · Dissent

Bell Atlantic Maryland, Inc. v. MCI Worldcom, Inc.

Court of Appeals for the Fourth Circuit

Decided February 14, 2001No. Nos. 99-2459, 99-2616Published

1DissentKing, Circuit Judge

It can hardly be stated more convincingly than Justice Scalia already has: “[Tjhere is no doubt ... that if the federal courts believe a state commission is not regulating in accordance with federal policy they may bring it to heel.” AT&T Corp. v. Iowa Utils. Bd., 525 U.S. 366, 379 n. 6, 119 S.Ct. 721, 142 L.Ed.2d 835 (1999). In defiance of Justice Scalia’s clear admonition, the majority injects equivocation where once there was certitude. Where order once reigned, chaos now impinges.

I agree there is no doubt that federal courts may review the decisions of state regulators such as the…

2Cases cited33 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Ex Parte YoungSupreme Court of the United States · 1908
  3. Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
  4. Alden v. MaineSupreme Court of the United States · 1999
  5. College Savings Bank v. Florida Prepaid Postsecondary Education Expense BoardSupreme Court of the United States · 1999

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