Federal Communications Commission v. Prometheus Radio Project
Consolidated with National Association of Broadcasters v. Prometheus Radio Project (19-1241)
Holding
The Federal Communications Commission's 2017 decision to repeal or modify three of its media ownership rules was not arbitrary or capricious for purposes of the <a href = "https://www.govinfo.gov/content/pkg/USCODE-2020-title5/pdf/USCODE-2020-title5-partI-chap5-subchapII.pdf" target = "_blank">Administrative Procedure Act.
Judgment
Reversed, 9-0, in an opinion by Brett Kavanaugh on Apr 1, 2021. Justice Thomas filed a concurring opinion.
Feb 7, 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 9, 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 5, 2020Motion to extend the time to file a response from May 20, 2020 to July 21, 2020, submitted to The Clerk.May 6, 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. VIDEDJul 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 5, 2020Reply of petitioners FCC, et al. filed.Aug 19, 2020DISTRIBUTED for Conference of 9/29/2020.
Oct 2, 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 2, 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 (statement of costs filed 4/13/21). 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 BroadcastersNov 23, 2020Brief amicus curiae of Phoenix Center for Advanced Legal & Economic Publc Policy Studies filed. VIDEDNov 23, 2020Brief amicus curiae of TechFreedom filed. VIDEDNov 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 3, 2020Record requested from the U.S.C.A. 3rd Circuit.
Dec 8, 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, 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). (Distributed) VIDED.Jan 8, 2021Motion for divided argument filed by the Acting Solicitor General GRANTED. VIDED.
Jan 8, 2021Reply of petitioner FCC, et al. filed. (Distributed)Jan 8, 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.
Apr 1, 2021Judgment REVERSED. Kavanaugh, J., delivered the opinion for a unanimous Court. Thomas, J., filed a concurring opinion. VIDED.
May 3, 2021JUDGMENT ISSUED.
Recommended Citation: Federal Communications Commission v. Prometheus Radio Project, SCOTUSblog, https://www.scotusblog.com/cases/federal-communications-commission-v-prometheus-radio-project/