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.
Oct 30, 2024DISTRIBUTED for Conference of 11/15/2024.
Nov 18, 2024DISTRIBUTED for Conference of 11/22/2024.
Nov 22, 2024Petition GRANTED. The petition for a writ of certiorari in No. 24-354 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.”
Feb 10, 2025SET FOR ARGUMENT on Wednesday, March 26, 2025. VIDED.
Feb 12, 2025Record requested from the United States Court of Appeals for the Fifth Circuit.
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
Mar 12, 2025Record received electronically from the Federal Communications Commission and available with the Clerk.
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.
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.