The infamous 2004 Super Bowl wardrobe malfunction may make it all the way to the Supreme Court. The FCC filed an appeal to the high court today, asking it to reconsider a decision by a lower court that threw out a $550,000 fine the FCC levied against CBS, reports Broadcasting & Cable. In the petition, the FCC denies that its penalty was “arbitrary and capricious.”
The FCC also requested the Supreme Court wait until after it decides a separate but legally related case before choosing whether to hear the Janet Jackson debacle. The other case covers profanity during an awards show on Fox. A circuit court ruled against the FCC, and the Supreme Court will decide whether to overturn it in the next couple of months.