In the longer run, he predicted in a statement that either Congress or the Supreme Court would invalidate the rule.
Quoting Lord Bingham, he said "the drawing of a line inevitably means that hard cases will arise falling on the wrong side of it, but that should not be held to invalidate the rule if, judged in the round, it is beneficial" – meaning, in this context, consistent with the human rights convention.
A State Supreme Court judge invalidated the rules on a technicality but upheld the department's authority to adopt such stringent regulations.
Judge David B. Sentelle joined much of the decision but dissented in part, writing that he would have invalidated the rule altogether rather than send it back to the F.C.C. for reconsideration.
"It's critical that companies and the general public understand this ruling does not invalidate the conflict minerals rule altogether or even the majority of its reporting requirements," said Enough Project policy associate Holly Dragonis.
One member of the three-judge panel, U.S. Circuit Judge Stephen Williams, agreed with much of the ruling, but ultimately would have invalidated the FCC rules because the agency didn't engage in "reasoned decisionmaking" when formulating them.
The decision invalidating the pricing rules would not take effect for 45 days.
There is, of course, a countermeasure to the countermeasure, with many in Korea pointing to arguments that invalidate the "rule," such as Facebook COO Sheryl Sandberg speaking out about how it would be a huge roadblock for equality.
