Columbia News

Senator Eric Schmitt has publicly criticized a recent federal court decision regarding the scope of regulatory authority granted to the Federal Communications Commission (FCC), posting his views on social media on August 18, 2025.

In one post, Schmitt argued for further judicial review, stating: "The 6th Circuit should take this case en banc and reverse this faulty opinion. And if they don't, then SCOTUS must take the case and restore the full force of the CRA according to the plain meaning of its text. Our separation of powers demands it." (August 18, 2025).

He also addressed what he sees as a circumvention of congressional intent by the FCC under President Biden's administration: "Here, Congress and the President said to the FCC: 'You are not allowed to regulate A+B.' So the Biden FCC—like the disobedient child in our example—tried to be clever and tried to regulate just A. And the court just let them get away with it. Absurd." (August 18, 2025).

To illustrate his point about regulatory overreach and judicial interpretation, Schmitt offered an analogy: "Imagine a mother tells her son: 'You are not allowed to stay out past 11pm with your friends.' If the son then stays out past midnight, but does so alone, has the child broken his mother's command? Common sense and basic logic both say yes. But the court's logic says no." (August 18, 2025).

The debate centers around interpretations of administrative law and congressional oversight mechanisms such as those provided by the Congressional Review Act (CRA). The CRA allows Congress to overturn certain federal agency regulations through a joint resolution of disapproval. Disputes over how agencies interpret legislative instructions have been a recurring issue in U.S. governance.

Schmitt is currently serving as a U.S. Senator from Missouri after previously holding office as Missouri Attorney General.