Courts sorting it out is not without consequence. It greatly harms the credibility of both the organization whose decision is struck down, and the people who vo

Courts sorting it out is not without consequence. It greatly harms the credibility of both the organization whose decision is struck down, and the people who voted for that decision. So when an organization says, "we will make the decision and let the courts sort it out", they aren't doing it as a power grab, but rather because they are genuinely unsure if it is a legal decision. So in this case, the Democratic FCC members were willing to take a risk because they thought the potential benefit (giving prisoners affordable access to telephones) is worth it. The Republicans did not, because they are, in this scenario, comfortable with the status quo.