Judges Probe Bounds of Congressional Review Act

A full panel of Sixth Circuit judges reheard arguments on whether 2023 FCC data breach rules were blocked by the law

Judges Probe Bounds of Congressional Review Act
Photo of Circuit Judge Karen Moore of the U.S. Court of Appeals for the Sixth Circuit from Wikimedia Commons

WASHINGTON, Oct. 27, 2026 – Federal judges had tough questions for both government and broadband industry attorneys as they probed the limits of the Congressional Review Act last week.

At issue is whether the Federal Communications Commission ran afoul of the law when it adopted data breach notification rules for voice providers in 2023. The industry has argued the rules were too similar to a provision of a broader rule package that Congress nullified with the CRA in 2016. 

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