Federal Communications Commission v. Consumers’ Research
Consolidated with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 24-354 | 5th Cir. | TBD | TBD | TBD | TBD | OT 2024 |
Issues: (1) Whether Congress violated the nondelegation doctrine by authorizing the Federal Communications Commission to determine, within the limits set forth in 47 U.S.C. § 254, the amount that providers must contribute to the Universal Service Fund; (2) whether the FCC violated the nondelegation doctrine by using the financial projections of the private company appointed as the fund's administrator in computing universal service contribution rates; (3) whether the combination of Congress’s conferral of authority on the FCC and the FCC’s delegation of administrative responsibilities to the administrator violates the nondelegation doctrine; and (4) whether this case is moot in light of the challengers' failure to seek preliminary relief before the 5th Circuit.
SCOTUSblog Coverage
- Court grants challenge to FCC subsidies over nondelegation doctrine (Amy Howe, November 22, 2024)
- Nondelegation doctrine, abortion clinic protest, and transgender student athletes (John Elwood, 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 |
|---|---|
| Sep 30 2024 | Petition for a writ of certiorari filed. (Response due October 30, 2024) |
| Oct 01 2024 | Brief of respondents Consumers' Research, et al. filed. |
| Oct 17 2024 | Reply of petitioners Federal Communications Commission, et al. filed. |
| Oct 23 2024 | Brief amici curiae of West Virginia, et al. filed. |
| Oct 23 2024 | Letter from counsel for respondents Schools, Health & Libraries Broadband Coalition, et al. submitted pursuant to Rule 12.6 filed. |
| Oct 30 2024 | DISTRIBUTED for Conference of 11/15/2024. |
| Oct 30 2024 | Brief amicus curiae of Software & Information Industry Association filed. (Distributed) |
| Nov 18 2024 | DISTRIBUTED for Conference of 11/22/2024. |
| Nov 22 2024 | 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. |
| Nov 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.” |
