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Consumers’ Research v. Federal Communications Commission

Petition for rehearing denied on June 30, 2025

Docket No. Op. Below Argument Opinion Vote Author Term
23-456 6th Cir. N/A N/A N/A N/A OT 2024

Issue: (1) Whether 47 U.S.C. § 254 violates the nondelegation doctrine by imposing no limit on the Federal Communications Commission"s power to raise revenue for the Universal Service Fund; and (2) whether the FCC violated the private nondelegation doctrine by transferring its revenue-raising power to a private company run by industry interest groups.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
07/26/2023Application (23A88) to extend the time to file a petition for a writ of certiorari from August 28, 2023 to October 27, 2023, submitted to Justice Kavanaugh.
08/01/2023Application (23A88) granted by Justice Kavanaugh extending the time to file until October 27, 2023.
10/27/2023Petition for a writ of certiorari filed. (Response due November 30, 2023)
11/17/2023Brief amicus curiae of TechFreedom filed.
11/20/2023Motion to extend the time to file a response from November 30, 2023 to January 2, 2024, submitted to The Clerk.
11/22/2023Motion to extend the time to file a response is granted and the time is extended to and including January 2, 2024, for all respondents.
11/22/2023Motion of Schools, Health & Libraries Broadband Coalition, et al. to extend the time to file a response from November 30, 2023 to January 2, 2024, submitted to The Clerk.
11/27/2023Motion to extend the time to file a response is granted and the time is extended to and including January 2, 2024, for all respondents.
11/30/2023Brief amici curiae of Competitive Enterprise Institute, et al. filed.
11/30/2023Brief amicus curiae of Americans for Prosperity Foundation filed.
11/30/2023Brief amicus curiae of New Civil Liberties Alliance filed.
12/13/2023Motion to extend the time to file a response from January 2, 2024 to February 1, 2024, submitted to The Clerk.
12/15/2023Motion to extend the time to file a response is granted and the time is further extended to and including February 1, 2024, for all respondents.
01/11/2024Motion to extend the time to file a response from February 1, 2024 to March 4, 2024, submitted to The Clerk.
01/12/2024Motion to extend the time to file a response is granted and the time is further extended to and including March 4, 2024, for all respondents.
02/12/2024Motion to extend the time to file a response from March 4, 2024 to April 3, 2024, submitted to The Clerk.
02/13/2024Motion to extend the time to file a response is granted and the time is further extended to and including April 3, 2024, for all respondents.
03/11/2024Motion to extend the time to file a response from April 3, 2024 to May 3, 2024, submitted to The Clerk.
03/12/2024Motion to extend the time to file a response is granted and the time is further extended to and including May 3, 2024, for all respondents.
05/03/2024Brief of respondents Federal Communications Commission, et al. in opposition filed. VIDED.
05/03/2024Brief of respondents Schools, Health & Libraries Broadband Coalition, et al. in opposition filed. VIDED.
05/21/2024DISTRIBUTED for Conference of 6/6/2024.
05/21/2024Reply of petitioners Consumers' Research, et al. filed. VIDED. (Distributed)
06/10/2024Petition DENIED.
06/18/2024Petition for Rehearing filed.
06/27/2024DISTRIBUTED.
07/25/2024Supplemental brief of petitioners Consumers' Research, et al. filed. VIDED.
09/11/2024DISTRIBUTED for Conference of 9/30/2024.
09/19/2024Rescheduled.
10/07/2024DISTRIBUTED for Conference of 10/11/2024.
10/08/2024Rescheduled.
10/30/2024DISTRIBUTED for Conference of 11/15/2024.
11/18/2024DISTRIBUTED for Conference of 11/22/2024.
06/26/2025DISTRIBUTED for Conference of 6/26/2025.
06/30/2025Rehearing DENIED.