Schools, Health & Libraries Broadband Coalition v. Consumers’ Research

Consolidated with:

Federal Communications Commission v. Consumers’ Research

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
24-422	5th Cir.	Mar 26, 2025	Jun 27, 2025	6-3	Kagan	OT 2024

Holding: The universal-service contribution scheme does not violate the Constitution’s nondelegation doctrine; Congress sufficiently guided and constrained the discretion that it lodged with the Federal Communications Commission to implement that scheme, and the FCC has retained all decision-making authority within that sphere, relying on the Universal Service Administrative Company only for non-binding advice.

Judgment: Reversed and remanded, 6-3, in an opinion by Justice Kagan on June 27, 2025. Justices Kavanaugh and Jackson filed concurring opinions. Justice Gorsuch filed a dissenting opinion, joined by Justices Thomas and Alito.

SCOTUSblog Coverage

Justices pass on opportunity to further limit the power of federal agencies (Amy Howe and Zachary Shemtob, June 27, 2025)
Nondelegation doctrine, abortion clinic protest, and transgender student athletes (John Elwood, November 22, 2024)
Court grants challenge to FCC subsidies over nondelegation doctrine (Amy Howe, November 22, 2024)
FCC asks court to uphold constitutionality of nationwide rural phone and internet subsidies (Kalvis Golde, November 12, 2024)

Date	Proceedings and Orders (key to color coding)
10/11/2024	Petition for a writ of certiorari filed. (Response due November 14, 2024)
10/16/2024	Brief of respondents Consumers' Research, et al. in opposition filed.
10/21/2024	Reply of petitioners Schools, Health, & Libraries Broadband Coalition, et al. filed.
10/30/2024	DISTRIBUTED for Conference of 11/15/2024.
11/18/2024	DISTRIBUTED for Conference of 11/22/2024.
11/22/2024	Petition GRANTED. The petition for a writ of certiorari in No. 24-354 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.
11/22/2024	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.”
02/10/2025	SET FOR ARGUMENT on Wednesday, March 26, 2025. VIDED.
02/12/2025	Record requested from the United States Court of Appeals for the Fifth Circuit.
02/19/2025	Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
02/19/2025	CIRCULATED
03/12/2025	Record received electronically from the Federal Communications Commission and available with the Clerk.
03/26/2025	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.
06/27/2025	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.