So, I suppose you’re wondering, how did oral argument went. Since we have less than an hour before Shabbos, I will give you all my short version. You can download the recording from the D.C. Circuit here: Part I (wireline), Part II (wireless, First Amendment, Forbearance).
As always, the usual disclaimers apply. It is always perilous to try to guess from oral argument how things are going to go. Judges may ask a lot of questions to explore options, or they may let one judge pursue a line of inquiry while hanging back. And there’s lots of issues that never get discussed that are part of the appeal and will get decided based on the written record. Or the judges may be leaning one way, but when they start drafting and hasj things out further they change their mind.
Taking all that into account, here are my impressions based on sitting in the front row listening and watching the judges and attending to all the nuances, as filtered to my obvious bias in wanting to see the FCC affirmed.
More below . . . .