FCC Chairman Brendan Carr defended the agency’s examination of television broadcasters after U.S. Supreme Court Justice Neil Gorsuch highlighted his remarks as an example of the broad authority independent federal agencies possess. Gorsuch’s comments followed a Supreme Court decision that favored presidential control over independent agencies.
The Supreme Court’s 6-3 decision in Trump v. Slaughter affirmed President Donald Trump’s right to dismiss FTC commissioners. This ruling expands presidential power over these bodies. Slaughter, who was first appointed by Trump and then reappointed during Biden’s presidency, was removed for not aligning with Trump’s priorities. The decision reverses a longstanding ruling that protected agency members from unchecked presidential dismissal.
Justice Gorsuch joined the majority but expressed concern about the increased presidential influence over legislative and judicial functions. He emphasized the power these independent agencies possess, mentioning Carr’s comments as an example. Even conservative justices who support more executive control remain cautious about these agencies’ regulatory reach. In response, Carr asserted the FCC’s commitment to monitoring broadcasters.
Details of Gorsuch’s Opinion
In his separate opinion, Gorsuch emphasized the influence of independent agencies in American life. He noted examples such as the SEC’s climate regulations, the FTC’s attempt to ban noncompete clauses, and instances like late-night TV shows. Gorsuch referenced Carr’s comments about a network host as evidence.
Last year, Carr suggested the FCC could take action if broadcasters did not address certain on-air remarks, citing his 2025 appearance on a show where he criticized ABC’s Jimmy Kimmel. Gorsuch used this as an illustration of the significant discretion agencies exercise.
Carr’s Strong Stance
On Tuesday, Carr reiterated the FCC’s authority to review broadcast licenses. On Real America’s Voice, he stated that licenses should not be seen as untouchable. Carr emphasized that the FCC has the right to conduct reviews and investigations.
Carr emphasized that no final conclusions have been made yet but warned broadcasters not to assume immunity from regulatory examination. He maintained that it’s legitimate for the FCC to proceed with their investigations.
ABC Under Examination
Currently, the FCC is involved in various disputes with Disney-owned ABC. The agency is seeking public input on whether The View is a bona fide news program and investigating Disney’s diversity policies. Carr requested an early review of ABC station licenses due to Disney’s corporate actions, separate from any issues with Kimmel.
The timing drew attention, especially after criticism of Kimmel by Trump on social media.
Gorsuch’s Broader Warning
While Gorsuch supports presidential control over executive officials, he expressed concern about unresolved constitutional issues. Gorsuch warned that this decision emphasizes the President’s increased regulatory power through agencies.
He noted the risk of businesses facing coordinated agency actions directed by the White House. Gorsuch questioned the survival of businesses against FCC investigations or new SEC regulations without Congressional intervention.
Gorsuch concluded that the ruling signals the start of a constitutional debate about the modern administrative state. He suggested Congress and future courts might reassess the roles and powers of these agencies.