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Federal Communications Commission v. Consumers’ Research

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Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
24-354 5th Cir. Mar 26, 2025
 TBD TBD TBD OT 2024

Issues: (1) Whether Congress violated the nondelegation doctrine by authorizing the Federal Communications Commission to determine, within the limits set forth in 47 U.S.C. § 254, the amount that providers must contribute to the Universal Service Fund; (2) whether the FCC violated the nondelegation doctrine by using the financial projections of the private company appointed as the fund's administrator in computing universal service contribution rates; (3) whether the combination of Congress’s conferral of authority on the FCC and the FCC’s delegation of administrative responsibilities to the administrator violates the nondelegation doctrine; and (4) whether this case is moot in light of the challengers' failure to seek preliminary relief before the 5th Circuit.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Sep 30 2024Petition for a writ of certiorari filed. (Response due October 30, 2024)
Oct 01 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 03 2025Brief amici curiae of Gerard N. Magliocca, et al. filed (as to 24-354).
Jan 08 2025Brief of petitioners Federal Communications Commission, et al. filed. VIDED.
Jan 08 2025Joint appendix filed. VIDED.
Jan 09 2025Brief of petitioners SHLB Coalition, et al. filed. VIDED.
Jan 09 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 04 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 2025Amicus brief of TechFreedom submitted.
Feb 18 2025Amicus brief of America First Legal Foundation submitted.
Feb 18 2025Amicus brief of The Buckeye Institute submitted.
Feb 18 2025Amicus brief of Alliance Defending Freedom submitted.
Feb 18 2025Amicus brief of New Civil Liberties Alliance submitted.
Feb 18 2025Amicus brief of Professor Chad Squitieri submitted.
Feb 18 2025Amicus brief of Firearms Policy Coalition, Inc. and FPC Action Foundation submitted.
Feb 18 2025Amicus brief of Americans for Prosperity Foundation submitted.
Feb 18 2025Amicus brief of National Taxpayers Union Foundation submitted.
Feb 18 2025Amicus brief of Cato Institute and Manhattan Institute submitted.
Feb 18 2025Amicus brief of National Federation of Independent Business Small Business Legal Center, Inc., and Technology Channel Sales Professionals submitted.
Feb 18 2025Amicus brief of The Foundation for Government Accountability submitted.
Feb 18 2025Amicus brief of Competitive Enterprise Institute submitted.
Feb 18 2025Amicus brief of Immigration Reform Law Institute submitted.
Feb 18 2025Amicus brief of Southeastern Legal Foundation submitted.
Feb 18 2025Amicus brief of State of West Virginia, 14 Other States, and the Arizona Legislature submitted.
Feb 18 2025Amicus brief of America's Future, DownsizeDC.org, Downsize DC Foundation, Citizens United, Gun Owners of America, Gun Owners Foundation, Free Speech Coalition, Free Speech Defense and Education Fund, U.S. Constitutional Rights Legal Defense Fund, and Conservative Legal Defense and Education Fund submitted.
Feb 18 2025Amicus brief of Reason Foundation submitted.
Feb 18 2025Amicus brief of Pacific Legal Foundation submitted.
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