plaintiff lost “unique” opportunity to be awarded at a comparative hearing a li-cence for a particular station in a limited market
How later courts described this case
- plaintiff lost “unique” opportunity to be awarded at a comparative hearing a li-cence for a particular station in a limited market
- "Neither Congress nor the FCC ever found any evidence to link minority 'underrepresentation' to discrimination by the FCC or to particular discriminatory practices in the broadcasting industry."
- "Governmentally-imposed minority preferences are constitutionally permissible under certain limited circumstances, but they may not be based on the desirability per se of achieving racial balance or proportional representation of minorities in selected institutions"
- noting the difficulty of extracting general principles from the Court's fractured opinions
Written by the judges who cited it.
The opinion
ON SUGGESTIONS FOR REHEARING EN BANC
ORDER
PER CURIAM.
The suggestions for rehearing en banc of appellee and intervenor have been circulated to the full court. The taking of a vote was requested. Thereafter, a majority of the judges of the Court in regular active service did not vote in favor of either suggestion. Upon consideration of the foregoing it is
ORDERED, by the Court en banc, that the suggestions are denied.
Chief Judge WALD and Circuit Judges ROBINSON, MIKVA, EDWARDS and RUTH B. GINSBURG would grant the suggestions.
A statement of Chief Judge WALD, joined by Circuit Judges ROBINSON, MIKVA, EDWARDS and RUTH B. GINSBURG, is attached.
Former Circuit Judge STARR did not participate in this matter while a member of the Court.