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MD/DC/DE Broadcasters Association v. Federal Communications Commission

The Federal Communications Commission's new Equal Employment Opportunity rules for television broadcast licenses violated the equal protection component of the due process clause of the Fifth Amendment.

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The full case caption appears at the end of this opinion.

Ginsburg, Circuit Judge: Fifty state broadcasters associations (Broadcasters) petition for review of an Equal Employment Opportunity (EEO) rule promulgated by the Federal Communications Commission. The Broadcasters argue that the rule violates: (1) the Administrative Procedure Act by creating an arbitrary and capricious reporting burden; and (2) the equal protection component of the Due Process Clause of the Fifth Amendment to the Constitution of the United States by granting preferences to women and minorities. The United Church of Christ (UCC) petitions for review of the same EEO rule, arguing that it violates the APA because, without giving a reasoned explanation, the agency changed its policy of requiring broadcasters to recruit women and minorities.

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