Schools, Health & Libraries Broadband Coalition v. Consumers’ Research
Consolidated with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 24-422 | 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.
SCOTUSblog Coverage
- Court grants challenge to FCC subsidies over nondelegation doctrine (Amy Howe, November 22, 2024)
- Nondelegation doctrine, abortion clinic protest, and transgender student athletes (John Elwood, November 22, 2024)
- FCC asks court to uphold constitutionality of nationwide rural phone and internet subsidies (Kalvis Golde, November 12, 2024)
| Date | Proceedings and Orders |
|---|---|
| Oct 11 2024 | Petition for a writ of certiorari filed. (Response due November 14, 2024) |
| Oct 16 2024 | Brief of respondents Consumers' Research, et al. in opposition filed. |
| Oct 21 2024 | Reply of petitioners Schools, Health, & Libraries Broadband Coalition, et al. filed. |
| Oct 30 2024 | DISTRIBUTED for Conference of 11/15/2024. |
| Nov 18 2024 | DISTRIBUTED for Conference of 11/22/2024. |
| Nov 22 2024 | Petition 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 2024 | 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. 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 2024 | Motion of United States for an extension of time submitted. |
