Posner still refuses to step down

Chicago Judge Richard A. Posner has denied an appeal from Hollywood’s fin-syn coalition asking that he reconsider his decision not to step down from the financial interest and syndication case.

Posner, who wrote the U.S. 7th Circuit Court of Appeals’s Nov. 5 opinion tossing out 1991 revisions to Federal Communications Commission fin-syn rules, has come under fire for his work for CBS on a fin-syn-related matter before becoming a federal judge.

After Posner released the 3-0 opinion rejecting the new FCC rulesas “unreasoned and unreasonable,” Hollywood and independent broadcasters asked the judge to recuse himself from the case.

When Posner declined the request, fin-syn proponents asked him to let the three judges who wrote the Nov. 5 opinion to decide.

In the new opinion, Posner wrote that the request had been “referred to the other (two) judges on the panel” but that they “declined to consider the petition.”

The pro-fin-syn forces could appeal Posner’s disqualification motion to the U.S. Supreme Court. Diane Killory, an attorney for Hollywood, declined comment.

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