Federal Communications Commission v. Consumers’ Research
Consolidated with Schools, Health & Libraries Broadband Coalition v. Consumers’ Research (24-422)
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 Elena Kagan on Jun 27, 2025. Justices Kavanaugh and Jackson filed concurring opinions. Justice Gorsuch filed a dissenting opinion, joined by Justices Thomas and Alito.
Sep 30, 2024Petition for a writ of certiorari filed. (Response due October 30, 2024)Oct 1, 2024Brief of respondents Consumers' Research, et al. filed.Oct 17, 2024Reply of petitioners Federal Communications Commission, et al. filed.Oct 23, 2024Brief amici curiae of West Virginia, et al. filed.Oct 23, 2024Letter from counsel for respondents Schools, Health & Libraries Broadband Coalition, et al. submitted pursuant to Rule 12.6 filed.
Oct 30, 2024DISTRIBUTED for Conference of 11/15/2024.
Oct 30, 2024Brief amicus curiae of Software & Information Industry Association filed. (Distributed)Nov 18, 2024DISTRIBUTED for Conference of 11/22/2024.
Nov 22, 2024Petition 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, 2024Because 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.”
Dec 18, 2024Motion for an extension of time to file the briefs on the merits filed. VIDED.Dec 23, 2024Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' briefs on the merits is extended to and including January 9, 2025. The time to file respondents' briefs on the merits is extended to and including February 11, 2025. VIDED.
Jan 3, 2025Brief amici curiae of Gerard N. Magliocca, et al. filed (as to 24-354).Jan 8, 2025Brief of petitioners Federal Communications Commission, et al. filed. VIDED.Jan 8, 2025Joint appendix filed. (Statement of costs filed.) VIDED.Jan 9, 2025Brief of petitioners SHLB Coalition, et al. filed. VIDED.Jan 9, 2025Brief of petitioners Competitive Carriers Association, et al. filed. VIDED.Jan 15, 2025Brief amicus curiae of National Foreign Trade Council filed. (as to 24-354)Jan 15, 2025Brief amicus curiae of Alaska filed. VIDED.Jan 15, 2025Brief amici curiae of Local Government Legal Center, et al. filed. VIDED.Jan 15, 2025Brief amicus curiae of Public Citizen filed. VIDED.Jan 15, 2025Brief amicus curiae of WTA – Advocates for Rural Broadband filed. VIDED.Jan 15, 2025Brief amicus curiae of Ad Hoc Healthcare Group filed. VIDED.Jan 16, 2025Brief amici curiae of NCTA – The Internet & Television Association and National Federation of the Blind (as to 24-354) filed.Jan 16, 2025Brief amici curiae of The Lawyers' Committee For Civil Rights Under Law and Eleven Organizations filed. VIDED.Jan 16, 2025Brief amicus curiae of National Association of Regulatory Utility Commissioners filed. VIDED.Jan 16, 2025Brief amici curiae of AASA—The School Superintendents Association, et al. filed. VIDED.Jan 16, 2025Brief amicus curiae of Chamber of Commerce of the United States of America in support of neither party filed. VIDED.Jan 16, 2025Brief amici curiae of Julian Davis Mortenson, et al. filed. VIDED.Jan 16, 2025Brief amicus curiae of American Library Association filed. VIDED.Jan 16, 2025Brief amici curiae of Bipartisan Former Commissioners of the Federal Communications Commission filed. VIDED.Jan 16, 2025Brief amici curiae of CoBank, et al. filed. VIDED.Jan 16, 2025Brief amici curiae of National Lifeline Association, et al. filed. VIDED.Jan 16, 2025Brief amicus curiae of Reed Smith LLP in support of neither party filed. VIDED.Jan 16, 2025Brief amici curiae of Aleutian Pribilof Islands Association, Inc., et al. filed. VIDED.Jan 16, 2025Brief amici curiae of Associations filed. VIDED.Jan 16, 2025Brief amicus curiae of Former Leadership of the Universal Service Administrative Company filed. VIDED.Jan 16, 2025Brief amicus curiae of The Software & Information Industry Association filed. VIDED.Jan 16, 2025Brief amicus curiae of Oglala Sioux Tribe filed. VIDED.Jan 16, 2025Brief amici curiae of Colorado, et al. filed. VIDED.Jan 16, 2025Amicus brief of Members of Congress not accepted for filing. (Cover to be corrected and brief resubmitted and printed.)
Jan 16, 2025Brief amici curiae of Members of Congress filed (January 23, 2025--corrected brief). VIDED.Jan 16, 2025Brief amici curiae of Public Knowledge, et al. filed. VIDED.Jan 24, 2025Application (24A754) for leave to file a consolidated response brief on the merits in excess of the word limit, submitted to Justice Alito. VIDED.Feb 4, 2025Application (24A754) granted by Justice Alito. The application to file a consolidated response brief on the merits in excess of the word limit is granted provided that the brief does not exceed 23,000 words. VIDED.
Feb 10, 2025SET FOR ARGUMENT on Wednesday, March 26, 2025. VIDED.
Feb 10, 2025Motion for divided argument filed by the Acting Solicitor General. VIDED.Feb 11, 2025Brief of respondents Consumers' Research, et al. filed. VIDED.Feb 11, 2025Brief amici curiae of Mackinac Center For Public Policy, et al. filed. VIDED.Feb 12, 2025Record requested from the United States Court of Appeals for the Fifth Circuit.
Feb 13, 2025Brief amicus curiae of Professor Ilan Wurman filed. VIDED.Feb 14, 2025Brief amici curiae of Advancing American Freedom, et al. filed. VIDED.Feb 18, 2025Brief amicus curiae of Americans for Prosperity Foundation filed. VIDED. (Distributed)Feb 18, 2025Brief amici curiae of National Federation of Independent Business Small Business Legal Center, Inc., et al. filed. VIDED. (Distributed)Feb 18, 2025Brief amicus curiae of Foundation for Government Accountability filed. (Distributed) (as to 24-354)Feb 18, 2025Brief amicus curiae of Alliance Defending Freedom filed. VIDED. (Distributed)Feb 18, 2025Brief amicus curiae of New Civil Liberties Alliance filed. VIDED. (Distributed)Feb 18, 2025Brief amici curiae of America's Future, et al. filed. VIDED. (Distributed)Feb 18, 2025Brief amicus curiae of TechFreedom filed. VIDED. (Distributed)Feb 18, 2025Brief amicus curiae of Reason Foundation filed. VIDED. (Distributed)Feb 18, 2025Brief amici curiae of West Virginia, et al. filed. VIDED. (Distributed)Feb 18, 2025Brief amicus curiae of National Taxpayers Union Foundation filed. VIDED. (Distributed)Feb 18, 2025Brief amicus curiae of Competitive Enterprise Institute filed. VIDED. (Distributed)Feb 18, 2025Brief amici curiae of Cato Institute, et al. filed. VIDED. (Distributed)Feb 18, 2025Brief amici curiae of Firearms Policy Coalition, Inc., et al. filed. VIDED. (Distributed)Feb 18, 2025Brief amicus curiae of Southeastern Legal Foundation filed. VIDED. (Distributed)Feb 18, 2025Brief amicus curiae of Professor Chad Squitieri filed. (Distributed) (as to 24-354)Feb 18, 2025Brief amicus curiae of Immigration Reform Law Institute filed. VIDED. (Distributed)Feb 18, 2025Brief amicus curiae of America First Legal Foundation filed. VIDED. (Distributed)Feb 18, 2025Brief amicus curiae of The Buckeye Institute filed. (Distributed) (as to 24-354)Feb 18, 2025Amicus brief of Pacific Legal Foundation not accepted for filing. (To be corrected - February 21, 2025)
Feb 18, 2025Brief amicus curiae of Pacific Legal Foundation filed. (Distributed) (as to 24-354) (Corrected)Feb 19, 2025Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
Feb 19, 2025CIRCULATED
Feb 24, 2025Motion for divided argument filed by the Acting Solicitor General GRANTED. VIDED.
Mar 12, 2025Record received electronically from the Federal Communications Commission and available with the Clerk.
Mar 13, 2025Reply of Federal Petitioners filed. VIDED. (Distributed)Mar 13, 2025Reply of petitioners Competitive Carriers Association, et al. filed. VIDED. (Distributed)Mar 13, 2025Reply of petitioners SHLB Coalition, et al. filed. VIDED. (Distributed)Mar 26, 2025Argued. 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.
May 22, 2025Letter from respondents addressing question at oral argument from received.Jun 27, 2025Judgment 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.
Jul 29, 2025Judgment Issued.Recommended Citation: Federal Communications Commission v. Consumers’ Research, SCOTUSblog, https://www.scotusblog.com/cases/federal-communications-commission-v-consumers-research/