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Wisconsin Bell, Inc. v. United States, ex rel. Todd Heath

Docket No.23-1127
Op. Below7th Cir.
ArgumentNov 4, 2024

Holding

The E-Rate reimbursement requests at issue are "claims" under the False Claims Act because the government "provided" (at a minimum) a "portion" of the money applied for by transferring more than $100 million from the Treasury into the fund.

Judgment

Affirmed and remanded, 9-0, in an opinion by Elena Kagan on Feb 21, 2025. Justice Thomas filed a concurring opinion, in which Justice Kavanaugh joined and in which Justice Alito joined as to Part I. Justice Kavanaugh filed a concurring opinion, in which Justice Thomas joined.

Proceedings & orders timeline

Apr 15, 2024
Petition for a writ of certiorari filed. (Response due May 17, 2024)
May 1, 2024
Brief of respondent Todd Heath in opposition filed.
May 10, 2024
Brief amicus curiae of Washington Legal Foundation filed.
May 16, 2024
Brief amici curiae of USTelecom – The Broadband Association and CTIA – The Wireless Association filed.
May 20, 2024
Reply of petitioner Wisconsin Bell, Inc. filed. (Distributed)
May 20, 2024
Letter of petitioner Wisconsin Bell, Inc. filed. (Distributed)
May 21, 2024
DISTRIBUTED for Conference of 6/6/2024.
Jun 10, 2024
DISTRIBUTED for Conference of 6/13/2024.
Jun 17, 2024
Petition GRANTED.
Jul 15, 2024
Motion for an extension of time to file the briefs on the merits filed.
Jul 18, 2024
Motion to extend the time to file the briefs on the merits is granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 13, 2024. The time to file respondent's brief on the merits is extended to and including September 24, 2024.
Jul 26, 2024
SET FOR ARGUMENT on Monday, November 4, 2024.
Aug 6, 2024
Record requested from the United States Court of Appeals for the Seventh Circuit.
Aug 8, 2024
Record received electronically from the United States Court of Appeals for the Seventh Circuit and available with the Clerk.
Aug 13, 2024
Brief of petitioner Wisconsin Bell, Inc. filed.
Aug 13, 2024
Joint appendix filed. (Statement of costs filed)
Aug 14, 2024
Record received electronically from the United States District Court for the Eastern District of Wisconsin and available with the Clerk.
Aug 15, 2024
Brief amicus curiae of Washington Legal Foundation filed.
Aug 20, 2024
Brief amici curiae of USTelecom – The Broadband Association and CTIA – The Wireless Association filed.
Aug 20, 2024
Brief amicus curiae of Center for Constitutional Responsibility filed.
Aug 20, 2024
Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Aug 20, 2024
Brief amicus curiae of DRI–Center for Law and Public Policy filed.
Sep 24, 2024
Brief of respondent United States, ex rel. Todd Heath filed.
Oct 1, 2024
CIRCULATED
Oct 1, 2024
Brief amicus curiae of United States filed. (Distributed)
Oct 1, 2024
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 1, 2024
Brief amici curiae of Southern Education Foundation, et al. filed. (Distributed)
Oct 1, 2024
Brief amicus curiae of Anti-Fraud Coalition filed. (Distributed)
Oct 1, 2024
Brief amici curiae of Professors of Law and Computer Science filed. (Distributed)
Oct 15, 2024
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 24, 2024
Reply of petitioner Wisconsin Bell, Inc. filed. (Distributed)
Nov 4, 2024
Argued. For petitioner: Allyson N. Ho, Dallas, Tex. For respondent: Tejinder Singh, Washington, D. C.; and Vivek Suri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Feb 21, 2025
Judgment is AFFIRMED and case REMANDED. Kagan J., delivered the opinion for a unanimous Court. Thomas, J., filed a concurring opinion, in which Kavanaugh, J., joined, and in which Alito, J., joined as to Part I. Kavanaugh, J., filed a concurring opinion, in which Thomas, J., joined.
Mar 25, 2025
Judgment Issued.

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