FCC chairman Ajit Pai has yet to decide whether to involve the Supreme Court after the 3rd U.S. Circuit Court of Appeals would not hear the FCC appeal. Although it is unlikely the FCC will move forward, Pai might have an ally now that Brett Kavanaugh, former U.S. Court of Appeals for the D.C. Circuit Judge, sits on the Supreme Court.
https://www.broadcastingcable.com/news/broadcast-dereg-could-be-headed-to-high-court