Skip to main content

National Association of Broadcasters v. Prometheus Radio Project

Docket No.19-1241
Op. Below3rd Cir.
ArgumentJan 19, 2021

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.

Proceedings & orders timeline

Feb 7, 2020
Application (19A889) 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, 2020
Application (19A889) granted by Justice Alito extending the time to file until March 19, 2020.
Mar 9, 2020
Application (19A889) to extend further the time from March 19, 2020 to April 18, 2020, submitted to Justice Alito.
Mar 12, 2020
Application (19A889) granted by Justice Alito extending the time to file until April 18, 2020.
Apr 17, 2020
Petition for a writ of certiorari filed. (Response due May 22, 2020)
May 5, 2020
Motion to extend the time to file a response from May 22, 2020 to July 21, 2020, submitted to The Clerk.
May 6, 2020
Motion to extend the time to file a response is granted and the time is extended to and including July 21, 2020.
May 12, 2020
Motion of Benton Institute for Broadband & Society, et al. to extend the time to file a response from May 22, 2020 to July 21, 2020, submitted to The Clerk.
May 13, 2020
Motion 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, 2020
Brief amicus curiae of Gray Television, Inc. filed. VIDED.
May 22, 2020
Brief amici curiae of ABC Television Affiliates Association, et al. filed.
May 22, 2020
Brief amicus curiae of The International Center for Law and Economics filed.
Jul 20, 2020
Waiver of right of respondent Independent Television Group to respond filed.
Jul 21, 2020
Brief of respondents Prometheus Radio Project, et al. in opposition filed. VIDED.
Jul 22, 2020
Waiver of right of respondents Multicultural Media, Telecom and Internet Council and the National Association of Black Owned Broadcasters, Inc. to respond filed.
Jul 30, 2020
Motion of petitioners to delay distribution of the petition for a writ of certiorari under Rule 15.5 from August 5, 2020 to August 19, 2020, submitted to The Clerk.
Aug 3, 2020
Motion to delay distribution of the petition for a writ certiorari until August 19, 2020, granted.
Aug 19, 2020
DISTRIBUTED for Conference of 9/29/2020.
Aug 19, 2020
Reply of petitioners National Association of Broadcasters, et al. filed. (Distributed)
Oct 2, 2020
Petition GRANTED. The petition for a writ of certiorari in No. 19-1231 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Oct 2, 2020
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. 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 25, 2020
SET FOR ARGUMENT on Tuesday, January 19, 2021. VIDED.
Dec 3, 2020
Record requested from the U.S.C.A. 3rd Circuit.
Dec 8, 2020
CIRCULATED
Dec 23, 2020
The 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.
Jan 19, 2021
Argued. 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, 2021
Judgment REVERSED. Kavanaugh, J., delivered the opinion for a unanimous Court. Thomas, J., filed a concurring opinion. VIDED.
May 3, 2021
JUDGMENT ISSUED.

Welcome to SCOTUSblog

Tell us a bit about yourself so we can tailor what you see. You can update these any time in your account.