Judge Scirica quotes the earlier FCC v NCCB case in which the Supreme Court ruled that "diversity and its effects are… elusive concepts, not easily defined let alone measured without making qualitative judgments". He also points out that he sides with FCC in that the Diversity Index is not the final rule, nor sole consideration, and as such should be given deference unless specifically shown to be unreasonable. Therefore, any problems with the Diversity Index were insufficient to prevent the FCC rules from taking effect.