FCC v. Consumers' Research, 606 U.S. ___ (2025)
The case involves the Federal Communications Commission (FCC) and its universal-service contribution scheme, which requires telecommunications carriers to contribute to a fund that subsidizes communications services for underserved communities. The FCC uses a formula to determine the contribution amount, and the Universal Service Administrative Company, a private entity, assists in managing the fund and projecting financial needs.
The Fifth Circuit Court of Appeals reviewed the case and found the contribution scheme unconstitutional due to a "double-layered delegation" of authority. The court expressed skepticism about Congress's delegation of power to the FCC and the FCC's delegation to the Administrator, suggesting that the combination of these delegations violated the Constitution's nondelegation doctrine.
The Supreme Court of the United States reviewed the case and reversed the Fifth Circuit's decision. The Court held that the universal-service contribution scheme does not violate the nondelegation doctrine. It found that Congress provided sufficient guidance to the FCC through the Communications Act of 1934 and its amendments, which set clear policies and boundaries for the FCC's actions. The Court also determined that the FCC retained decision-making authority and that the Administrator's role was advisory, not a delegation of governmental power. The Court rejected the Fifth Circuit's combination theory, stating that the separate delegations did not compound to create a constitutional violation.
The universal-service contribution scheme implemented by the FCC did not violate the non-delegation doctrine because Congress provided the FCC with determinate standards for operating the program, and it did not violate the private non-delegation doctrine because the agency retained decision-making power while enlisting private parties to give it recommendations.
SUPREME COURT OF THE UNITED STATES
Syllabus
FEDERAL COMMUNICATIONS COMMISSION et al. v. CONSUMERS’ RESEARCH et al.
certiorari to the united states court of appeals for the fifth circuit
No. 24–354. Argued March 26, 2025—Decided June 27, 2025[2]
The Communications Act of 1934 established the Federal Communications Commission (FCC or Commission) and instructed it to make available to “all the people of the United States,” reliable communications services “at reasonable charges.” 47 U. S. C. §151. That objective is today known as “universal service.” The universal-service project arose from the concern that pure market mechanisms would leave some population segments—such as the poor and those in rural areas—without access to needed communications services. Under the 1934 Act, the FCC pursued universal service primarily through implicit subsidies, using its rate-regulation authority to lower costs for some consumers at the expense of others.
In 1996, Congress amended the Act and created a new framework for achieving universal service. Section 254 of the amended statute requires every carrier providing interstate telecommunications services to “contribute” to a fund, known as the Universal Service Fund. See §254(d). The FCC must use the money in the Fund to pay for universal-service subsidy programs. See §§254(a), (d), (e). The statute designates the beneficiaries of universal-service subsidies—low-income consumers, those in rural areas, schools and libraries, and rural hospitals. §§254(b)(3), (h)(1), (j). And it provides detailed guidance regarding the communications services to which those beneficiaries should have access. In deciding what services to subsidize, the FCC “shall consider the extent to which” a service is “essential to education, public health, or public safety” and has “been subscribed to by a substantial majority of residential customers.” §§254(c)(1)(A)–(B). So too, the Commission must evaluate whether a service can be made available at an “affordable rate[ ].” §254(b)(1). Section 254 also sets forth “principles” on which the FCC “shall base” its universal-service policies. §254(b). Among other things, those principles direct that all consumers, “including low-income consumers” and those in “rural” areas, should have access to quality services at affordable prices. See ibid. The FCC also may add “other principles” found both “consistent with” the Act and “necessary and appropriate for the protection of the public interest, convenience, and necessity.” §254(b)(7).
To calculate how much carriers must contribute to the Fund, the FCC has devised a formula, known as the “contribution factor.” 47 CFR §54.709(a). That factor is a fraction, expressed as a percentage, whose numerator is the Fund’s projected quarterly expenses (the subsidy payments it will make plus overhead) and whose denominator is contributing carriers’ total projected quarterly revenue. §54.709(a)(2). A carrier must pay into the Fund an amount equal to its own projected revenue multiplied by the contribution factor. §54.709(a)(3).
The FCC has appointed the Universal Service Administrative Company, a private, not-for-profit corporation, as the Fund’s “permanent Administrator.” §54.701(a). The Administrator manages the Fund’s day-to-day operations and also plays a role in producing the financial projections that end up determining the contribution factor. See §§54.702, 54.709(a)(2)–(3). Each quarter, the Administrator projects the Fund’s expenses, adds up revenue estimates it receives from carriers, and submits those figures to the Commission for approval and eventual use in calculating the contribution factor. See §§54.709(a)(2)–(3).
In December 2021, the FCC set a 25.2% contribution factor for the first quarter of 2022. Consumers’ Research petitioned for review in the Fifth Circuit, contending that the universal-service contribution scheme violates the nondelegation doctrine. The en banc court granted the petition, replacing a panel decision to the contrary. See 109 F. 4th 743; 63 F. 4th 441. In the full Fifth Circuit’s view, the combination of Congress’s delegation to the FCC and the FCC’s “subdelegation” to the Administrator violated the Constitution, even if neither delegation did so independently. 109 F. 4th, at 778.
Held: The universal-service contribution scheme does not violate the nondelegation doctrine. Pp. 10–37.
(a) Article I of the Constitution provides that “[a]ll legislative Powers herein granted shall be vested in a Congress of the United States.” §1. Accompanying that assignment of power to Congress is a bar on its further delegation. At the same time, this Court has recognized that Congress may “seek[ ] assistance” from its coordinate branches and “vest[ ] discretion” in executive agencies to implement the laws it has enacted. J. W. Hampton, Jr., & Co. v. United States, 276 U.S. 394, 406. To distinguish between the permissible and the impermissible in this sphere, this Court asks whether Congress has set out an “intelligible principle” to guide what it has given the agency to do. Id., at 409. Under that test, Congress must make clear both “the general policy” the agency must pursue and “the boundaries of [its] delegated authority.” American Power & Light Co. v. SEC, 329 U.S. 90, 105. Pp. 10–11.
(b) Although the intelligible-principle standard has long guided this Court’s nondelegation doctrine, Consumers’ Research insists that a different test applies here. According to Consumers’ Research, universal-service contributions are taxes. And tax statutes, Consumers’ Research argues, must satisfy a special nondelegation rule. For those statutes, Congress must set a definite or objective limit on how much money an agency can collect—a numeric cap, a fixed tax rate, or the equivalent. Section 254 contains no such limit, so, in Consumers’ Research’s view, it is unconstitutional.
The Court rejects that argument. To begin with, precedent forecloses it: In both J. W. Hampton, 276 U. S., at 409, and Skinner v. Mid-America Pipeline Co., 490 U.S. 212, 220–221, the Court declined requests to create a special nondelegation rule for revenue-raising legislation. The test Consumers’ Research proposes also would throw a host of federal statutes into doubt, as Congress has often empowered agencies to raise revenue without specifying a numeric cap or tax rate. See, e.g., 12 U. S. C. §§16, 243, 1815(d)(1). Consumers’ Research responds that those other statutes can be distinguished as imposing fees, rather than taxes, and thus be exempted from its numeric-limit requirement. But Skinner made clear that whether a charge is a tax or a fee is irrelevant to the nondelegation inquiry. See 490 U. S., at 223. Finally, the Consumers’ Research position produces absurd results, divorced from any reasonable understanding of constitutional values. Under its view, a revenue-raising statute containing non-numeric, qualitative standards can never pass muster, no matter how tight the constraints they impose. But a revenue-raising statute with a numeric limit will always pass muster, even if it effectively leaves an agency with boundless power. In precluding the former and approving the latter, the Consumers’ Research approach does nothing to vindicate the nondelegation doctrine or the separation of powers. Pp. 12–19.
(c) Under the usual intelligible-principle test, the universal-service contribution scheme clears the nondelegation bar. Section 254 directs the FCC to collect contributions that are “sufficient” to support universal-service programs. §§254(b)(5), (d), (e). The word “sufficient” sets both a floor and a ceiling—the FCC cannot raise less than what is adequate or necessary to finance its universal-service programs, but it also cannot raise more than that amount. And the “sufficiency” ceiling imposes a meaningful limit on the Commission, because Section 254 also provides appropriate guidance about the nature and content of universal service. The statute makes clear whom the program is intended to serve: those in rural and other high-cost areas (with a special nod to rural hospitals), low-income consumers, and schools and libraries. See §§254(b)(3), (6), (h)(1). And it also defines the services those beneficiaries should receive. In order for the FCC to subsidize a service, the service must be subscribed to by a substantial majority of residential customers, available at affordable rates, and essential to education, public health, or safety. §§254(b)(1), (3), (c)(1)(A)–(B). Those conditions, each alone and together, provide the FCC with determinate standards for operating the universal-service program.
Consumers’ Research contends that the Act gives the FCC boundless authority, but the provisions it points to show nothing of the kind. It first argues that the Commission need not actually adhere to each of the criteria Section 254 uses to define universal service. Properly understood, however, those criteria are separately mandatory. Next, Consumers’ Research highlights Section 254(c)(1)’s description of universal service as an “evolving level of telecommunications services that the Commission shall establish periodically” in light of advances in technology. That provision, it says, enables the FCC to redefine universal service as it sees fit. But the permission Congress gave the FCC to fund different services over time does not strip the statute of standards and constraints. The Commission still may fund only essential, widely used, and affordable services, for the benefit of only designated recipients. Finally, Consumers’ Research maintains that the statutory provision enabling the FCC to articulate “[a]dditional principles” to guide its universal-service policies allows the agency to rewrite its own authority. §254(b)(7). But that is not so, because Section 254(b)(7) requires the added principles to be “consistent with” the rest of the statute. So they cannot change the statute’s other principles, much less its conditions on what subsidies can go toward and who can receive them. Pp. 19–30.
(d) Consumers’ Research separately claims that the FCC has impermissibly delegated authority to the Administrator to set the contribution factor. In making this argument, Consumers’ Research invokes what is commonly called the private nondelegation doctrine. In Carter v. Carter Coal Co., 298 U.S. 238, 311, this Court struck down a statute authorizing certain coal producers to set rules for the rest of the industry, finding the delegation improper because it was made to “private persons whose interests” are often “adverse to the interests of others.” But a counterpart case, Sunshine Anthracite Coal Co. v. Adkins, 310 U.S. 381, 388, approved a statute permitting private actors to make recommendations to a Government agency for “approv[al], disapprov[al], or modifi[cation].” That arrangement was valid, because the private parties “function[ed] subordinately to” the agency and were subject to its “authority and surveillance.” Id., at 399.
Under those precedents, the Commission’s use of the Administrator is permissible. The Administrator is broadly subordinate to the Commission: The Commission appoints the Administrator’s Board of Directors, approves its budget, and requires the Administrator to act “consistent with” its rules and directives. 47 CFR §§54.703(b)–(c), 54.715(c); Memorandum of Understanding Between the Federal Communications Commission and the Universal Service Administrative Company 2 (Oct. 17, 2024). And the Commission’s authority and oversight over the Administrator extend to determining the contribution factor. Working within FCC rules, the Administrator produces the initial projections of carrier revenues and Fund expenses that feed into the contribution factor. §§54.709(a)(2)–(3). The Administrator then reports its figures to the Commission, which reviews—and if needed, revises—the projections before approving them and publishing the contribution factor. See §54.709(a)(3). The Commission then has 14 days to make additional changes before the factor is “deemed approved by the Commission.” Ibid. So although the Administrator makes recommendations, the Commission is, throughout, the final authority. Pp. 30–34.
(e) The Court also rejects the basis of the decision below: that the “combination” of Congress’s grant of authority to the FCC and the FCC’s reliance on the Administrator violates the Constitution, even if neither one does so alone. 109 F. 4th, at 778 (emphasis in original). The Fifth Circuit founded that theory on Free Enterprise Fund v. Public Company Accounting Oversight Bd., 561 U.S. 477, 483–484, where this Court struck down a statute because it gave an executive officer two “layers of protection” from the President’s removal authority. Even granting that each layer of protection was alone permissible, the Court thought the combination was too much. According to the Fifth Circuit, similar reasoning applied here: Even if Congress lawfully conferred discretion on the Commission and the Commission lawfully sought assistance from the Administrator, the combination was impermissible. 109 F. 4th, at 778. But the court’s logic does not work. In Free Enterprise Fund, the two layers of for-cause protection operated on a single axis, with the one exacerbating the other. That is not the case here: A law violates the traditional nondelegation doctrine when it authorizes an agency to legislate. And a law violates the private nondelegation doctrine when it allows non-governmental entities to govern. Those doctrines do not operate on the same axis. So a measure implicating (but not violating) one does not compound a measure implicating (but not violating) the other, in a way that pushes the combination over a constitutional line. Pp. 34–37.
109 F. 4th 743, reversed and remanded.
Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kavanaugh, Barrett, and Jackson, JJ., joined. Kavanaugh, J., and Jackson, J., filed concurring opinions. Gorsuch, J., filed a dissenting opinion, in which Thomas and Alito, JJ., joined.
Judgment REVERSED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kavanaugh, Barrett, and Jackson, JJ., joined. Kavanaugh, J., and Jackson, J., filed concurring opinions. Gorsuch, J., filed a dissenting opinion, in which Thomas and Alito, JJ., joined. VIDED. |
Supplemental Brief of Consumers' Research, et al. submitted. |
Argued. For petitioners in 24-354: Sarah M. Harris, Acting Solicitor General, Department of Justice, Washington, D. C. For petitioners in 24-422: Paul D. Clement, Alexandria, Va. For respondents: R. Trent McCotter, Washington, D. C. VIDED. |
Reply of Federal Petitioners filed. VIDED. (Distributed) |
Reply of Federal Communications Commission, et al. submitted. |
Reply of SHLB Coalition, et al. submitted. |
Reply of Competitive Carriers Association; National Telecommunications Cooperative Association dba NTCA; USTelecom - The Broadband Association submitted. |
Reply of petitioners Competitive Carriers Association, et al. filed. VIDED. (Distributed) |
Reply of petitioners SHLB Coalition, et al. filed. VIDED. (Distributed) |
Reply of petitioners SHLB Coalition, et al. filed. VIDED. (Distributed) |
Reply of petitioners Competitive Carriers Association, et al. filed. VIDED. (Distributed) |
Reply of Federal Petitioners filed. VIDED. (Distributed) |
Record received electronically from the Federal Communications Commission and available with the Clerk. |
Motion for divided argument filed by the Acting Solicitor General GRANTED. VIDED. |
Amicus brief of Pacific Legal Foundation submitted. |
CIRCULATED |
Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER. |
Brief amici curiae of Cato Institute, et al. filed. VIDED. (Distributed) |
Brief amicus curiae of Competitive Enterprise Institute filed. VIDED. (Distributed) |
Brief amici curiae of West Virginia, et al. filed. VIDED. (Distributed) |
Brief amici curiae of Firearms Policy Coalition, Inc., et al. filed. VIDED. (Distributed) |
Brief amicus curiae of National Taxpayers Union Foundation filed. VIDED. (Distributed) |
Amicus brief of Pacific Legal Foundation not accepted for filing. (To be corrected - February 21, 2025) |
Brief amicus curiae of Southeastern Legal Foundation filed. VIDED. (Distributed) |
Brief amicus curiae of Reason Foundation filed. VIDED. (Distributed) |
Brief amicus curiae of Pacific Legal Foundation filed. (Distributed) (as to 24-354) (Corrected) |
Brief amicus curiae of The Buckeye Institute filed. (Distributed) (as to 24-354) |
Brief amicus curiae of America First Legal Foundation filed. VIDED. (Distributed) |
Brief amicus curiae of Professor Chad Squitieri filed. (Distributed) (as to 24-354) |
Brief amicus curiae of Pacific Legal Foundation filed. (Distributed) |
Brief amicus curiae of Immigration Reform Law Institute filed. VIDED. (Distributed) |
Brief amicus curiae of Alliance Defending Freedom filed. VIDED. (Distributed) |
Brief amicus curiae of TechFreedom filed. VIDED. (Distributed) |
Amicus brief of Firearms Policy Coalition, Inc. and FPC Action Foundation submitted. |
Amicus brief of Americans for Prosperity Foundation submitted. |
Amicus brief of National Taxpayers Union Foundation submitted. |
Amicus brief of National Federation of Independent Business Small Business Legal Center, Inc., and Technology Channel Sales Professionals submitted. |
Amicus brief of Professor Chad Squitieri submitted. |
Amicus brief of New Civil Liberties Alliance submitted. |
Amicus brief of TechFreedom submitted. |
Amicus brief of America First Legal Foundation submitted. |
Amicus brief of The Buckeye Institute submitted. |
Amicus brief of Alliance Defending Freedom submitted. |
Amicus brief of The Foundation for Government Accountability submitted. |
Amicus brief of Competitive Enterprise Institute submitted. |
Brief amici curiae of National Federation of Independent Business Small Business Legal Center, Inc., et al. filed. VIDED. (Distributed) |
Brief amicus curiae of Foundation for Government Accountability filed. (Distributed) (as to 24-354) |
Brief amicus curiae of New Civil Liberties Alliance filed. VIDED. (Distributed) |
Brief amici curiae of America's Future, et al. filed. VIDED. (Distributed) |
Brief amicus curiae of Americans for Prosperity Foundation filed. VIDED. (Distributed) |
Amicus brief of Pacific Legal Foundation submitted. |
Amicus brief of Immigration Reform Law Institute submitted. |
Amicus brief of Southeastern Legal Foundation submitted. |
Amicus brief of State of West Virginia, 14 Other States, and the Arizona Legislature submitted. |
Amicus brief of Reason Foundation submitted. |
Amicus brief of America's Future, DownsizeDC.org, Downsize DC Foundation, Citizens United, Gun Owners of America, Gun Owners Foundation, Free Speech Coalition, Free Speech Defense and Education Fund, U.S. Constitutional Rights Legal Defense Fund, and Conservative Legal Defense and Education Fund submitted. |
Amicus brief of Cato Institute and Manhattan Institute submitted. |
Brief amicus curiae of Americans for Prosperity Foundation filed. VIDED. (Distributed) |
Brief amicus curiae of TechFreedom filed. VIDED. (Distributed) |
Brief amicus curiae of Reason Foundation filed. VIDED. (Distributed) |
Brief amici curiae of West Virginia, et al. filed. VIDED. (Distributed) |
Brief amici curiae of America's Future, et al. filed. VIDED. (Distributed) |
Brief amicus curiae of New Civil Liberties Alliance filed. VIDED. (Distributed) |
Brief amici curiae of National Federation of Independent Business Small Business Legal Center, Inc., et al. filed. VIDED. (Distributed) |
Brief amicus curiae of Foundation for Government Accountability filed. (Distributed) (as to 24-354) |
Brief amicus curiae of Alliance Defending Freedom filed. VIDED. (Distributed) |
Brief amicus curiae of National Taxpayers Union Foundation filed. VIDED. (Distributed) |
Brief amicus curiae of Immigration Reform Law Institute filed. VIDED. (Distributed) |
Brief amicus curiae of Competitive Enterprise Institute filed. VIDED. (Distributed) |
Brief amicus curiae of The Buckeye Institute filed. (Distributed) (as to 24-354) |
Brief amicus curiae of Pacific Legal Foundation filed. (Distributed) (as to 24-354) (Corrected) |
Brief amicus curiae of America First Legal Foundation filed. VIDED. (Distributed) |
Brief amicus curiae of Professor Chad Squitieri filed. (Distributed) (as to 24-354) |
Brief amici curiae of Cato Institute, et al. filed. VIDED. (Distributed) |
Brief amici curiae of Firearms Policy Coalition, Inc., et al. filed. VIDED. (Distributed) |
Brief amicus curiae of Southeastern Legal Foundation filed. VIDED. (Distributed) |
Amicus brief of Advancing American Freedom submitted. |
Brief amici curiae of Advancing American Freedom, et al. filed. VIDED. |
Brief amici curiae of Advancing American Freedom, et al. filed. VIDED. |
Brief amicus curiae of Professor Ilan Wurman filed. VIDED. |
Brief amicus curiae of Professor Ilan Wurman filed. VIDED. |
Record requested from the United States Court of Appeals for the Fifth Circuit. |
Brief of Consumers' Research, et al. submitted. |
Brief of respondents Consumers' Research, et al. filed. VIDED. |
Brief amici curiae of Mackinac Center For Public Policy, et al. filed. VIDED. |
Amicus brief of Mackinac Center For Public Policy, Institute For The American Worker And Pelican Institute For Public Policy submitted. |
Brief amici curiae of Mackinac Center For Public Policy, et al. filed. VIDED. |
Brief of respondents Consumers' Research, et al. filed. VIDED. |
Motion for divided argument filed by the Acting Solicitor General. VIDED. |
Motion for divided argument filed by the Acting Solicitor General. VIDED. |
Motion of Federal Communications Commission, et al. for divided argument submitted. |
SET FOR ARGUMENT on Wednesday, March 26, 2025. VIDED. |
Application (24A754) granted by Justice Alito. The application to file a consolidated response brief on the merits in excess of the word limit is granted provided that the brief does not exceed 23,000 words. VIDED. |
Application (24A754) for leave to file a consolidated response brief on the merits in excess of the word limit, submitted to Justice Alito. VIDED. |
Application (24A754) for leave to file a consolidated response brief on the merits in excess of the word limit, submitted to Justice Alito. VIDED. |
Application (24A754) for leave to file a consolidated response brief on the merits in excess of the word limit, submitted to Justice Alito. |
Amicus brief of Members of Congress submitted. |
Amicus brief of The Software & Information Industry Association submitted. |
Amicus brief of Chamber of Commerce of the United States of America submitted. |
Amicus brief of National Lifeline Association, AARP, and AARP Foundation submitted. |
Amicus brief of The Lawyers' Committee For Civil Rights Under Law and Eleven Organizations submitted. |
Amicus brief of CoBank, ACB, National Cooperative Services Corporation; Center for Rural Affairs; Communities Unlimited; Farm Credit Council; Farmers Educational and Cooperative Union of America; Federation of Southern Cooperatives/Land Assistance Fund; National Association of Rural Health Clinics; National Cooperative Business Association, CLUSA International; National Council of Farmer Cooperatives; National Rural Economic Developers Association; National Rural Electric Cooperative Association; National Rural Education Association; National Rural Health Association; National Rural Telecommunications Cooperative; Partners for Rural Transformation; Rural Community Assistance Corporation; Rural Community Assistance Partnership submitted. |
Amicus brief of American Library Association submitted. |
Amicus brief of Colorado submitted. |
Brief amici curiae of National Lifeline Association, et al. filed. VIDED. |
Brief amicus curiae of Reed Smith LLP in support of neither party filed. VIDED. |
Amicus brief of NCTA – The Internet & Television Association and National Federation of the Blind submitted. |
Brief amici curiae of NCTA – The Internet & Television Association and National Federation of the Blind (as to 24-354) filed. |
Brief amici curiae of Colorado, et al. filed. VIDED. |
Brief amici curiae of Members of Congress filed. VIDED. |
Amicus brief of Julian Davis Mortenson and Nicholas Bagley submitted. |
Amicus brief of Oglala Sioux Tribe submitted. |
Amicus brief of Alaska Telecom Association, California Communications Association, Colorado Telecommunications Association, Georgia Rural Telephone and Broadband Association, Idaho Telecom Alliance, Illinois Rural Broadband Association, Illinois Broadband and Telecommunications Association, Indiana Broadband and Technology Association, Indiana Rural Broadband Association, Iowa Communications Alliance, Communications Coalition of Kansas, Kentucky Rural Broadband Association, Telecommunications Association of Maine, Broadband Association of Michigan, Minnesota Telecom Alliance, Broadband MT, Nebraska Telecommunications Association, New York Telecommunications Association, Broadband Association of North Dakota, Ohio Telecom Association, Oklahoma Rural Broadba submitted. |
Brief amicus curiae of Oglala Sioux Tribe filed. VIDED. |
Brief amicus curiae of Reed Smith LLP in support of neither party filed. VIDED. |
Brief amici curiae of Aleutian Pribilof Islands Association, Inc., and Other Tribes and Tribal Organizations filed. VIDED. |
Amicus brief of Public Knowledge, Affordable Broadband Campaign, Chamber of Progress, Common Sense Media, and Communications Workers of America submitted. |
Brief amici curiae of Associations, filed. VIDED. |
Brief amicus curiae of Chamber of Commerce of the United States of America in support of neither party filed. VIDED. |
Brief amici curiae of National Lifeline Association, AARP, and AARP Foundation filed. VIDED. |
Brief amici curiae of CoBank, et al. filed. VIDED. |
Brief amici curiae of AASA—The School Superintendents Association, et al. filed. VIDED. |
Brief amicus curiae of Chamber of Commerce of the United States of America filed. VIDED. |
Brief amici curiae of Julian Davis Mortenson, et al. filed. VIDED. |
Brief amici curiae of Bipartisan Former Commissioners of the Federal Communications Commission filed. VIDED. |
Brief amicus curiae of American Library Association filed. VIDED. |
Brief amicus curiae of Former Leadership of the Universal Service Administrative Company filed. VIDED. |
Brief amicus curiae of The Software & Information Industry Association filed. VIDED. |
Amicus brief of Bipartisan Former Commissioners of the Federal Communications Commission submitted. |
Amicus brief of Members of Congress submitted. |
Amicus brief of Public Knowledge, Affordable Broadband Campaign, Chamber of Progress, Common Sense Media, and Communications Workers of America submitted. |
Amicus brief of Aleutian Pribilof Islands Association, Inc., and Other Tribes and Tribal Organizations submitted. |
Brief amicus curiae of National Association of Regulatory Utility Commissioners filed. VIDED. |
Amicus brief of Former Leadership of the Universal Service Administrative Company submitted. |
Amicus brief of AASA—THE SCHOOL SUPERINTENDENTS ASSOCIATION, et al. submitted. |
Brief amici curiae of Aleutian Pribilof Islands Association, Inc., et al. filed. VIDED. |
Brief amici curiae of The Lawyers' Committee For Civil Rights Under Law and Eleven Organizations filed. VIDED. |
Brief amici curiae of NCTA – The Internet & Television Association and National Federation of the Blind filed. (as to 24-354) |
Amicus brief of National Association of Regulatory Utility Commissioners submitted. |
Amicus brief of Reed Smith LLP submitted. |
Brief amici curiae of Associations filed. VIDED. |
Brief amici curiae of Associations filed. VIDED. |
Brief amici curiae of Bipartisan Former Commissioners of the Federal Communications Commission filed. VIDED. |
Brief amici curiae of CoBank, et al. filed. VIDED. |
Brief amicus curiae of Reed Smith LLP in support of neither party filed. VIDED. |
Brief amici curiae of Aleutian Pribilof Islands Association, Inc., et al. filed. VIDED. |
Brief amicus curiae of American Library Association filed. VIDED. |
Brief amici curiae of Julian Davis Mortenson, et al. filed. VIDED. |
Brief amici curiae of NCTA – The Internet & Television Association and National Federation of the Blind (as to 24-354) filed. |
Brief amici curiae of The Lawyers' Committee For Civil Rights Under Law and Eleven Organizations filed. VIDED. |
Brief amicus curiae of National Association of Regulatory Utility Commissioners filed. VIDED. |
Brief amicus curiae of Chamber of Commerce of the United States of America in support of neither party filed. VIDED. |
Brief amici curiae of AASA—The School Superintendents Association, et al. filed. VIDED. |
Brief amici curiae of National Lifeline Association, et al. filed. VIDED. |
Brief amici curiae of Members of Congress filed (January 23, 2025--corrected brief). VIDED. |
Brief amici curiae of Public Knowledge, et al. filed. VIDED. |
Brief amicus curiae of Former Leadership of the Universal Service Administrative Company filed. VIDED. |
Brief amici curiae of Members of Congress filed (January 23, 2025--corrected brief). VIDED. |
Amicus brief of Members of Congress not accepted for filing. (Cover to be corrected and brief resubmitted and printed.) |
Brief amici curiae of Public Knowledge, et al. filed. VIDED. |
Brief amicus curiae of Oglala Sioux Tribe filed. VIDED. |
Brief amicus curiae of The Software & Information Industry Association filed. VIDED. |
Brief amici curiae of Colorado, et al. filed. VIDED. |
Brief amicus curiae of National Foreign Trade Council filed. (as to 24-354) |
Brief amici curiae of Local Government Legal Center, et al. filed. VIDED. |
Brief amicus curiae of National Foreign Trade Council filed. (as to 24-354) |
Amicus brief of WTA – Advocates for Rural Broadband submitted. |
Amicus brief of Local Government Legal Center, National Association of Counties, National League of Cities, and the International Municipal Lawyers Association submitted. |
Brief amicus curiae of Public Citizen filed. VIDED. |
Amicus brief of State of Alaska submitted. |
Amicus brief of Public Citizen submitted. |
Amicus brief of National Foreign Trade Council submitted. |
Amicus brief of New England Telehealth Consortium, ADS Advanced Data Services, Inc., Community Hospital Corporation, HealthConnect Networks, the North Carolina Telehealth Network Association, the Colorado Hospital Association, and the Southern Ohio Healthcare Network (collectively, the “Ad Hoc Healthcare Group”) submitted. |
Brief amicus curiae of Alaska filed. VIDED. |
Brief amicus curiae of Public Citizen filed. VIDED. |
Brief amicus curiae of WTA – Advocates for Rural Broadband filed. VIDED. |
Brief amicus curiae of WTA – Advocates for Rural Broadband filed. VIDED. |
Brief amici curiae of Local Government Legal Center, et al. filed. VIDED. |
Brief amicus curiae of Alaska filed. VIDED. |
Brief amicus curiae of Ad Hoc Healthcare Group filed. VIDED. |
Brief amici curiae of Local Government Legal Center,et al. filed. VIDED. |
Brief amicus curiae of State of Alaska filed. VIDED. |
Brief amicus curiae of Ad Hoc Healthcare Group filed. VIDED. |
Brief of petitioners Competitive Carriers Association, et al. filed. VIDED. |
Brief of respondents Competitive Carriers Association; National Telecommunications Cooperative Association dba NTCA; USTelecom - The Broadband Association filed. VIDED. |
Brief of petitioners SHLB Coalition, et al. filed. VIDED. |
Brief of Competitive Carriers Association; National Telecommunications Cooperative Association dba NTCA; USTelecom - The Broadband Association submitted. |
Brief of respondents Schools, Health & Libraries Broadband Coalition filed. VIDED. |
Brief of petitioners SHLB Coalition, et al. filed. VIDED. |
Brief of petitioners Competitive Carriers Association, et al. filed. VIDED. |
Brief of Schools, Health & Libraries Broadband Coalition submitted. |
Brief of petitioners Federal Communications Commission, et al. filed. VIDED. |
Joint appendix filed. VIDED. |
Brief of Federal Communications Commission, et al. submitted. |
Joint Appendix submitted. |
Joint appendix filed. VIDED. |
Brief of petitioners Federal Communications Commission, et al. filed. VIDED. |
Amicus brief of Gerard N. Magliocca, et al. submitted. |
Amicus brief of Gerard N. Magliocca, et al. submitted. |
Brief amici curiae of Gerard N. Magliocca, et al. filed (as to 24-354). |
Brief amici curiae of Gerard N. Magliocca, et al. filed (as to 24-354). |
Brief amici curiae of Gerard N. Magliocca, et al. filed. |
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' briefs on the merits is extended to and including January 9, 2025. The time to file respondents' briefs on the merits is extended to and including February 11, 2025. VIDED. |
Motion for an extension of time to file the briefs on the merits filed. VIDED. |
Motion for an extension of time to file the briefs on the merits filed. VIDED. |
Motion of Federal Communications Commission, et al. for an extension of time submitted. |
Petition GRANTED. The petition for a writ of certiorari in No. 24-422 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. In addition to the questions presented by the petitions, the parties are directed to brief and argue the following question: Whether this case is moot in light of the challengers' failure to seek preliminary relief before the Fifth Circuit. VIDED. |
Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 24-354. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 24-354. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.” |
DISTRIBUTED for Conference of 11/22/2024. |
Brief amicus curiae of Software & Information Industry Association filed. (Distributed) |
Brief amicus curiae of Software & Information Industry Association filed. (Distributed) |
DISTRIBUTED for Conference of 11/15/2024. |
Brief amici curiae of West Virginia, et al. filed. |
Letter from counsel for respondents Schools, Health & Libraries Broadband Coalition, et al. submitted pursuant to Rule 12.6 filed. |
Letter from counsel for respondents Schools, Health & Libraries Broadband Coalition, et al. submitted pursuant to Rule 12.6 filed. |
Brief amici curiae of West Virginia, et al. filed. |
Reply of petitioners Federal Communications Commission, et al. filed. |
Reply of petitioners Federal Communications Commission, et al. filed. |
Brief of respondents Consumers' Research, et al. filed. |
Brief of respondents Consumers' Research, et al. filed. |
Petition for a writ of certiorari filed. (Response due October 30, 2024) |
Petition for a writ of certiorari filed. (Response due October 30, 2024) |