Or else the FCC won’t approve their merger, according to a press release by the Mountain States Legal Foundation, who is suing:
A demand by a federal agency that two companies agree to a race-based set aside as a condition to approval of their merger today drew a warning that the provision is unconstitutional from a western, nonprofit, public-interest law firm known for civil rights litigation. In a letter to the Federal Communications Commission (FCC), Mountain States Legal Foundation (MSLF) warned the agency that its demand that, as a condition to its approval of a proposed merger between XM and Sirius satellite radio companies, the companies set aside 8 percent, or 24 channels, for “educational and minority broadcasters” violates the Constitution’s equal protection guarantee. MSLF advised the FCC that, although the agency’s use of racial preferences to achieve “diversity” was upheld by the U.S. Supreme Court in 1990, that ruling was overturned in 1995. As a result, argues MSLF, the FCC has no legal basis to demand use of racial preferences or quotas.
(Via the Corner.)
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