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

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Docket No. Op. Below Argument Opinion Vote Author Term
23-1127 7th Cir. Nov 4, 2024
 Feb 21, 2025 9-0 Kagan OT 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 Justice Kagan on February 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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Apr 15 2024Petition for a writ of certiorari filed. (Response due May 17, 2024)
May 01 2024Brief of respondent Todd Heath in opposition filed.
May 10 2024Brief amicus curiae of Washington Legal Foundation filed.
May 16 2024Brief amici curiae of USTelecom – The Broadband Association and CTIA – The Wireless Association filed.
May 20 2024Reply of petitioner Wisconsin Bell, Inc. filed. (Distributed)
May 20 2024Letter of petitioner Wisconsin Bell, Inc. filed. (Distributed)
May 21 2024DISTRIBUTED for Conference of 6/6/2024.
Jun 10 2024DISTRIBUTED for Conference of 6/13/2024.
Jun 17 2024Petition GRANTED.
Jul 15 2024Motion for an extension of time to file the briefs on the merits filed.
Jul 18 2024Motion 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 2024SET FOR ARGUMENT on Monday, November 4, 2024.
Aug 06 2024Record requested from the United States Court of Appeals for the Seventh Circuit.
Aug 08 2024Record received electronically from the United States Court of Appeals for the Seventh Circuit and available with the Clerk.
Aug 13 2024Brief of petitioner Wisconsin Bell, Inc. filed.
Aug 13 2024Joint appendix filed. (Statement of costs filed)
Aug 14 2024Record received electronically from the United States District Court for the Eastern District of Wisconsin and available with the Clerk.
Aug 15 2024Brief amicus curiae of Washington Legal Foundation filed.
Aug 20 2024Brief amici curiae of USTelecom – The Broadband Association and CTIA – The Wireless Association filed.
Aug 20 2024Brief amicus curiae of Center for Constitutional Responsibility filed.
Aug 20 2024Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Aug 20 2024Brief amicus curiae of DRI–Center for Law and Public Policy filed.
Sep 24 2024Brief of respondent United States, ex rel. Todd Heath filed.
Oct 01 2024CIRCULATED
Oct 01 2024Brief amicus curiae of United States filed. (Distributed)
Oct 01 2024Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 01 2024Brief amici curiae of Southern Education Foundation, et al. filed. (Distributed)
Oct 01 2024Brief amicus curiae of Anti-Fraud Coalition filed. (Distributed)
Oct 01 2024Brief amici curiae of Professors of Law and Computer Science filed. (Distributed)
Oct 15 2024Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 24 2024Reply of petitioner Wisconsin Bell, Inc. filed. (Distributed)
Nov 04 2024Argued. 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 2025Judgment 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.