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Federal Communications Commission v. Consumers’ Research

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
24-354 5th Cir. TBD 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.

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 of Federal Communications Commission, et al. for an extension of time submitted.