FCC v. AT&T · ¶46

The carriers raise a second challenge based on this Court's unconstitutional conditions doctrine. They argue that the Commission's forfeiture scheme puts them to an impermissible choice: waive their jury right by voluntarily paying the forfeiture in exchange for guaranteed but deferential judicial review in the court of appeals; or decline to pay, and wait to make their case before a jury in an enforcement suit that may never come. Because the costs of invoking their right under the second option are impermissibly high, the carriers contend, they are coerced into waiving their rights and proceeding under the first.

preliminary print (page proof)
Source edition
Passage preview. Read in context for the complete text, notes and references.