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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. Mar 26, 2025 TBD TBD TBD OT 2024

Issue: (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)
09/30/2024Petition for a writ of certiorari filed. (Response due October 30, 2024)
10/01/2024Brief of respondents Consumers' Research, et al. filed.
10/17/2024Reply of petitioners Federal Communications Commission, et al. filed.
10/23/2024Brief amici curiae of West Virginia, et al. filed.
10/23/2024Letter from counsel for respondents Schools, Health & Libraries Broadband Coalition, et al. submitted pursuant to Rule 12.6 filed.
10/30/2024DISTRIBUTED for Conference of 11/15/2024.
10/30/2024Brief amicus curiae of Software & Information Industry Association filed. (Distributed)
11/18/2024DISTRIBUTED for Conference of 11/22/2024.
11/22/2024Petition 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.
11/22/2024Because 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.”
12/18/2024Motion for an extension of time to file the briefs on the merits filed. VIDED.
12/23/2024Motion 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.
01/03/2025Brief amici curiae of Gerard N. Magliocca, et al. filed (as to 24-354).
01/08/2025Brief of petitioners Federal Communications Commission, et al. filed. VIDED.
01/08/2025Joint appendix filed. VIDED.
01/09/2025Brief of petitioners SHLB Coalition, et al. filed. VIDED.
01/09/2025Brief of petitioners Competitive Carriers Association, et al. filed. VIDED.
01/15/2025Brief amicus curiae of National Foreign Trade Council filed. (as to 24-354)
01/15/2025Brief amicus curiae of Alaska filed. VIDED.
01/15/2025Brief amici curiae of Local Government Legal Center, et al. filed. VIDED.
01/15/2025Brief amicus curiae of Public Citizen filed. VIDED.
01/15/2025Brief amicus curiae of WTA – Advocates for Rural Broadband filed. VIDED.
01/15/2025Brief amicus curiae of Ad Hoc Healthcare Group filed. VIDED.
01/16/2025Brief amici curiae of NCTA – The Internet & Television Association and National Federation of the Blind (as to 24-354) filed.
01/16/2025Brief amici curiae of The Lawyers' Committee For Civil Rights Under Law and Eleven Organizations filed. VIDED.
01/16/2025Brief amicus curiae of National Association of Regulatory Utility Commissioners filed. VIDED.
01/16/2025Brief amici curiae of AASA—The School Superintendents Association, et al. filed. VIDED.
01/16/2025Brief amicus curiae of Chamber of Commerce of the United States of America in support of neither party filed. VIDED.
01/16/2025Brief amici curiae of Julian Davis Mortenson, et al. filed. VIDED.
01/16/2025Brief amicus curiae of American Library Association filed. VIDED.
01/16/2025Brief amici curiae of Bipartisan Former Commissioners of the Federal Communications Commission filed. VIDED.
01/16/2025Brief amici curiae of CoBank, et al. filed. VIDED.
01/16/2025Brief amici curiae of National Lifeline Association, et al. filed. VIDED.
01/16/2025Brief amicus curiae of Reed Smith LLP in support of neither party filed. VIDED.
01/16/2025Brief amici curiae of Aleutian Pribilof Islands Association, Inc., et al. filed. VIDED.
01/16/2025Brief amici curiae of Associations filed. VIDED.
01/16/2025Brief amicus curiae of Former Leadership of the Universal Service Administrative Company filed. VIDED.
01/16/2025Brief amicus curiae of The Software & Information Industry Association filed. VIDED.
01/16/2025Brief amicus curiae of Oglala Sioux Tribe filed. VIDED.
01/16/2025Brief amici curiae of Colorado, et al. filed. VIDED.
01/16/2025Amicus brief of Members of Congress not accepted for filing. (Cover to be corrected and brief resubmitted and printed.)
01/16/2025Brief amici curiae of Members of Congress filed (January 23, 2025--corrected brief). VIDED.
01/16/2025Brief amici curiae of Public Knowledge, et al. filed. VIDED.
01/24/2025Application (24A754) for leave to file a consolidated response brief on the merits in excess of the word limit, submitted to Justice Alito. VIDED.
02/04/2025Application (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.
02/10/2025SET FOR ARGUMENT on Wednesday, March 26, 2025. VIDED.
02/10/2025Motion for divided argument filed by the Acting Solicitor General. VIDED.
02/11/2025Brief of respondents Consumers' Research, et al. filed. VIDED.
02/11/2025Brief amici curiae of Mackinac Center For Public Policy, et al. filed. VIDED.
02/12/2025Record requested from the United States Court of Appeals for the Fifth Circuit.
02/13/2025Brief amicus curiae of Professor Ilan Wurman filed. VIDED.
02/14/2025Brief amici curiae of Advancing American Freedom, et al. filed. VIDED.
02/18/2025Brief amicus curiae of Americans for Prosperity Foundation filed. VIDED. (Distributed)
02/18/2025Brief amici curiae of National Federation of Independent Business Small Business Legal Center, Inc., et al. filed. VIDED. (Distributed)
02/18/2025Brief amicus curiae of Foundation for Government Accountability filed. (Distributed) (as to 24-354)
02/18/2025Brief amicus curiae of Alliance Defending Freedom filed. VIDED. (Distributed)
02/18/2025Brief amicus curiae of New Civil Liberties Alliance filed. VIDED. (Distributed)
02/18/2025Brief amici curiae of America's Future, et al. filed. VIDED. (Distributed)
02/18/2025Brief amicus curiae of TechFreedom filed. VIDED. (Distributed)
02/18/2025Brief amicus curiae of Reason Foundation filed. VIDED. (Distributed)
02/18/2025Brief amici curiae of West Virginia, et al. filed. VIDED. (Distributed)
02/18/2025Brief amicus curiae of National Taxpayers Union Foundation filed. VIDED. (Distributed)
02/18/2025Brief amicus curiae of Competitive Enterprise Institute filed. VIDED. (Distributed)
02/18/2025Brief amici curiae of Cato Institute, et al. filed. VIDED. (Distributed)
02/18/2025Brief amici curiae of Firearms Policy Coalition, Inc., et al. filed. VIDED. (Distributed)
02/18/2025Brief amicus curiae of Southeastern Legal Foundation filed. VIDED. (Distributed)
02/18/2025Brief amicus curiae of Professor Chad Squitieri filed. (Distributed) (as to 24-354)
02/18/2025Brief amicus curiae of Immigration Reform Law Institute filed. VIDED. (Distributed)
02/18/2025Brief amicus curiae of America First Legal Foundation filed. VIDED. (Distributed)
02/18/2025Brief amicus curiae of The Buckeye Institute filed. (Distributed) (as to 24-354)
02/18/2025Amicus brief of Pacific Legal Foundation not accepted for filing. (To be corrected - February 21, 2025)
02/18/2025Brief amicus curiae of Pacific Legal Foundation filed. (Distributed) (as to 24-354) (Corrected)
02/19/2025Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
02/19/2025CIRCULATED
02/24/2025Motion for divided argument filed by the Acting Solicitor General GRANTED. VIDED.
03/12/2025Record received electronically from the Federal Communications Commission and available with the Clerk.
03/13/2025Reply of Federal Petitioners filed. VIDED. (Distributed)
03/13/2025Reply of petitioners Competitive Carriers Association, et al. filed. VIDED. (Distributed)
03/13/2025Reply of petitioners SHLB Coalition, et al. filed. VIDED. (Distributed)
03/26/2025Argued. For petitioners in 24-354: Sarah M. Harris, Acting Solicitor General, Department of Justice, Washington, D. C. For petitioners in 24-422: Paul D. Clement, Alexandria, Va. For respondents: R. Trent McCotter, Washington, D. C. VIDED.