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Consumers’ Research v. Federal Communications Commission

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Petition for rehearing
Docket No. Op. Below Argument Opinion Vote Author Term
23-456 6th Cir. TBD TBD TBD TBD TBD

Issues: (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)
Jul 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.
Aug 01 2023Application (23A88) granted by Justice Kavanaugh extending the time to file until October 27, 2023.
Oct 27 2023Petition for a writ of certiorari filed. (Response due November 30, 2023)
Nov 17 2023Brief amicus curiae of TechFreedom filed.
Nov 20 2023Motion to extend the time to file a response from November 30, 2023 to January 2, 2024, submitted to The Clerk.
Nov 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.
Nov 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.
Nov 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.
Nov 30 2023Brief amici curiae of Competitive Enterprise Institute, et al. filed.
Nov 30 2023Brief amicus curiae of Americans for Prosperity Foundation filed.
Nov 30 2023Brief amicus curiae of New Civil Liberties Alliance filed.
Dec 13 2023Motion to extend the time to file a response from January 2, 2024 to February 1, 2024, submitted to The Clerk.
Dec 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.
Jan 11 2024Motion to extend the time to file a response from February 1, 2024 to March 4, 2024, submitted to The Clerk.
Jan 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.
Feb 12 2024Motion to extend the time to file a response from March 4, 2024 to April 3, 2024, submitted to The Clerk.
Feb 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.
Mar 11 2024Motion to extend the time to file a response from April 3, 2024 to May 3, 2024, submitted to The Clerk.
Mar 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.
May 03 2024Brief of respondents Federal Communications Commission, et al. in opposition filed. VIDED.
May 03 2024Brief of respondents Schools, Health & Libraries Broadband Coalition, et al. in opposition filed. VIDED.
May 21 2024DISTRIBUTED for Conference of 6/6/2024.
May 21 2024Reply of petitioners Consumers' Research, et al. filed. VIDED. (Distributed)
Jun 10 2024Petition DENIED.
Jun 18 2024Petition for Rehearing filed.
Jun 27 2024DISTRIBUTED.
Jul 25 2024Supplemental brief of petitioners Consumers' Research, et al. filed. VIDED.
Sep 11 2024DISTRIBUTED for Conference of 9/30/2024.
Sep 19 2024Rescheduled.
Oct 07 2024DISTRIBUTED for Conference of 10/11/2024.
Oct 08 2024Rescheduled.
Oct 30 2024DISTRIBUTED for Conference of 11/15/2024.
Nov 18 2024DISTRIBUTED for Conference of 11/22/2024.