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Consumers’ Research v. Federal Communications Commission

Petition for rehearing denied on June 30, 2025

Docket No.23-456
Op. Below6th Cir.

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.

Proceedings & orders timeline

Jul 26, 2023
Application (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 1, 2023
Application (23A88) granted by Justice Kavanaugh extending the time to file until October 27, 2023.
Oct 27, 2023
Petition for a writ of certiorari filed. (Response due November 30, 2023)
Nov 17, 2023
Brief amicus curiae of TechFreedom filed.
Nov 20, 2023
Motion to extend the time to file a response from November 30, 2023 to January 2, 2024, submitted to The Clerk.
Nov 22, 2023
Motion 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, 2023
Motion 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, 2023
Motion 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, 2023
Brief amici curiae of Competitive Enterprise Institute, et al. filed.
Nov 30, 2023
Brief amicus curiae of Americans for Prosperity Foundation filed.
Nov 30, 2023
Brief amicus curiae of New Civil Liberties Alliance filed.
Dec 13, 2023
Motion to extend the time to file a response from January 2, 2024 to February 1, 2024, submitted to The Clerk.
Dec 15, 2023
Motion 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, 2024
Motion to extend the time to file a response from February 1, 2024 to March 4, 2024, submitted to The Clerk.
Jan 12, 2024
Motion 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, 2024
Motion to extend the time to file a response from March 4, 2024 to April 3, 2024, submitted to The Clerk.
Feb 13, 2024
Motion 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, 2024
Motion to extend the time to file a response from April 3, 2024 to May 3, 2024, submitted to The Clerk.
Mar 12, 2024
Motion 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 3, 2024
Brief of respondents Federal Communications Commission, et al. in opposition filed. VIDED.
May 3, 2024
Brief of respondents Schools, Health & Libraries Broadband Coalition, et al. in opposition filed. VIDED.
May 21, 2024
DISTRIBUTED for Conference of 6/6/2024.
May 21, 2024
Reply of petitioners Consumers' Research, et al. filed. VIDED. (Distributed)
Jun 10, 2024
Petition DENIED.
Jun 18, 2024
Petition for Rehearing filed.
Jun 27, 2024
DISTRIBUTED.
Jul 25, 2024
Supplemental brief of petitioners Consumers' Research, et al. filed. VIDED.
Sep 11, 2024
DISTRIBUTED for Conference of 9/30/2024.
Sep 19, 2024
Rescheduled.
Oct 7, 2024
DISTRIBUTED for Conference of 10/11/2024.
Oct 8, 2024
Rescheduled.
Oct 30, 2024
DISTRIBUTED for Conference of 11/15/2024.
Nov 18, 2024
DISTRIBUTED for Conference of 11/22/2024.
Jun 26, 2025
DISTRIBUTED for Conference of 6/26/2025.
Jun 30, 2025
Rehearing DENIED.

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