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Federal Communications Commission v. Prometheus Radio Project

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
19-1231 3rd Cir. Jan 19, 2021 TBD TBD TBD OT 2020

Issue: Whether the U.S. Court of Appeals for the 3rd Circuit erred in vacating as arbitrary and capricious the Federal Communications Commission orders under review, which, among other things, relaxed the agency’s cross-ownership restrictions to accommodate changed market conditions.

DateProceedings and Orders (key to color coding)
Feb 07 2020Application (19A879) to extend the time to file a petition for a writ of certiorari from February 18, 2020 to March 19, 2020, submitted to Justice Alito.
Feb 12 2020Application (19A879) granted by Justice Alito extending the time to file until March 19, 2020.
Mar 09 2020Application (19A879) to extend further the time from March 19, 2020 to April 18, 2020, submitted to Justice Alito.
Mar 11 2020Application (19A879) granted by Justice Alito extending the time to file until April 18, 2020.
Apr 17 2020Petition for a writ of certiorari filed. (Response due May 20, 2020)
May 05 2020Motion to extend the time to file a response from May 20, 2020 to July 21, 2020, submitted to The Clerk.
May 06 2020Motion to extend the time to file a response is granted and the time is extended to and including July 21, 2020.
May 12 2020Motion of Benton Institute for Broadband & Society, et al. to extend the time to file a response from May 20, 2020 to July 21, 2020, submitted to The Clerk.
May 13 2020Motion to extend the time to file a response is granted and the time is extended to and including July 21, 2020, for all respondents.
May 20 2020Brief amicus curiae of Gray Television, Inc. filed. VIDED
Jul 20 2020Waiver of right of respondent Independent Television Group to respond filed.
Jul 21 2020Brief of respondents Prometheus Radio Project; et al. in opposition filed. VIDED.
Jul 22 2020Waiver of right of Lane, Dennis Multicultural Media, Telecom and Internet Council and the National Association of Black Owned Broadcasters, Inc. to respond filed.
Aug 05 2020Reply of petitioners FCC, et al. filed.
Aug 19 2020DISTRIBUTED for Conference of 9/29/2020.
Oct 02 2020Petition GRANTED. The petition for a writ of certiorari in No. 19-1241 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Oct 02 2020Because 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. 19-1231. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-1231. 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.”
Nov 16 2020Joint appendix filed. VIDED.
Nov 16 2020Brief of petitioners FCC, et al. filed.
Nov 16 2020Brief of Industry Petitioners filed. VIDED.
Nov 17 2020Blanket Consent filed by Petitioner, National Association of Broadcasters
Nov 23 2020Brief amicus curiae of Phoenix Center for Advanced Legal & Economic Publc Policy Studies filed. VIDED
Nov 23 2020Brief amicus curiae of TechFreedom filed. VIDED
Nov 23 2020Brief amicus curiae of Southeastern Legal Foundation filed. VIDED.
Nov 23 2020Brief amici curiae of The ABC Television Affiliates Association, The CBS Television Network Affiliates Association, The FBC Television Affiliates Association, and The NBC Television Affiliates filed. VIDED.
Nov 23 2020Brief amicus curiae of Gray Television, Inc. filed. VIDED.
Nov 23 2020Brief amicus curiae of Americans for Prosperity Foundation filed. VIDED.
Nov 25 2020SET FOR ARGUMENT on Tuesday, January 19, 2021. VIDED.
Dec 03 2020Record requested from the U.S.C.A. 3rd Circuit.
Dec 08 2020CIRCULATED
Dec 11 2020Motion for divided argument filed by petitioners FCC, et al. VIDED.
Dec 16 2020Brief of respondents Prometheus Radio Project, et al. filed. VIDED. (Distributed)
Dec 22 2020Brief amicus curiae of Public Citizen filed. VIDED. (Distributed)
Dec 23 2020The record received from the U.S.C.A. 3rd Circuit, for case numbers 19-1231 & 19-1241 (Consolidated). The record has been filed electronically for both case numbers.
Dec 23 2020Amicus brief of Public Knowledge not accepted for filing. (December 23, 2020)
Dec 23 2020Brief amicus curiae of Public Knowledge filed. VIDED. (Distributed)
Dec 23 2020Brief amici curiae of District of Columbia, et al. filed. VIDED. (Distributed)
Dec 23 2020Brief amici curiae of Members of Congress filed. VIDED. (Distributed)
Dec 23 2020Brief amici curiae of Former FCC Commissioners filed. VIDED. (Distributed)
Dec 23 2020Brief amici curiae of The Leadership Conference on Civil and Human Rights, et al. filed. VIDED. (Distributed)
Dec 23 2020Brief amici curiae of Media Law and Policy Scholars filed. VIDED. (Distributed)
Dec 23 2020Brief amicus curiae of The American Statistical Association filed. VIDED. (Distributed)
Dec 23 2020Brief amici curiae of Professors of Communications Law, Policy, and Administrative Law, and Doctors of Economics and Social Science filed. VIDED. (Distributed)
Dec 23 2020Amicus brief of Sue Wilson, Media Action Center not accepted for filing. (January 14, 2021)
Dec 23 2020Brief amicus curiae of Sue Wilson, Media Action Center filed (Corrected PDF submitted - 1/14/21). VIDED.
Jan 08 2021Motion for divided argument filed by the Acting Solicitor General GRANTED. VIDED.
Jan 08 2021Reply of petitioner FCC, et al. filed. (Distributed)
Jan 08 2021Reply of Industry Petitioners filed. VIDED. (Distributed)
Jan 19 2021Argued. For petitioners in 19-1231: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For petitioners in 19-1241: Helgi C. Walker, Washington, D. C. For respondents: Ruthanne M. Deutsch, Washington, D. C. VIDED.