Kuczynski v. United States

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding “entire rule must be vacated” because severing only unlawful aspects “would severely distort the [agency’s] program and produce a rule strikingly different from any the [agency] had ever considered or promulgated in the lengthy course of these proceedings”
• invalidating under strict scrutiny FCC rule requiring licensees to conduct “targeted outreach” to minorities and women
• “The question for the court, then, is whether the balance of the rule can function independently if shorn of its unconstitutional aspects.”
• “[T]he Commission clearly intends that the regulation be treated as severable, to the extent possible, for it said so in adopting the regulation.”
• “Section 1332 requires complete diversity of citizenship; 23 each of the plaintiffs must be a citizen of a different state than each of the defendants.”
• “[O]ne exception to the requirement of complete diversity is where a 23 non-diverse defendant has been ‘fraudulently joined.’”

Source: CourtListener parenthetical corpus (CC0).