Federal Communications Commission v. Prometheus Radio Project
Consolidated with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 19-1231 | 3rd Cir. | Jan 19, 2021 | Apr 1, 2021 | 9-0 | Kavanaugh | OT 2020 |
Holding: The Federal Communications Commission"s 2017 decision to repeal or modify three of its media ownership rules was not arbitrary or capricious for purposes of the Administrative Procedure Act.
Judgment: Reversed, 9-0, in an opinion by Justice Kavanaugh on April 1, 2021. Justice Thomas filed a concurring opinion.
SCOTUSblog Coverage
- Court upholds FCCs changes to media ownership rules (Amy Howe, April 1, 2021)
- Case preview: Clash over media ownership rules arrives at the court (Amy Howe, January 19, 2021)
- Justices sympathetic to FCC in media ownership dispute (Amy Howe, January 19, 2021)
- Court releases January calendar (updated) (Amy Howe, November 25, 2020)
- Justices add seven new cases to docket, including major voting-rights dispute (Amy Howe, October 2, 2020)
- Petitions of the week (Andrew Hamm, May 29, 2020)
| Date | Proceedings and Orders |
|---|---|
| 02/07/2020 | Application (19A879) to extend the time to file a petition for a writ of certiorari from February 18, 2020 to March 19, 2020, submitted to Justice Alito. |
| 02/12/2020 | Application (19A879) granted by Justice Alito extending the time to file until March 19, 2020. |
| 03/09/2020 | Application (19A879) to extend further the time from March 19, 2020 to April 18, 2020, submitted to Justice Alito. |
| 03/11/2020 | Application (19A879) granted by Justice Alito extending the time to file until April 18, 2020. |
| 04/17/2020 | Petition for a writ of certiorari filed. (Response due May 20, 2020) |
| 05/05/2020 | Motion to extend the time to file a response from May 20, 2020 to July 21, 2020, submitted to The Clerk. |
| 05/06/2020 | Motion to extend the time to file a response is granted and the time is extended to and including July 21, 2020. |
| 05/12/2020 | Motion of Benton Institute for Broadband & Society, et al. to extend the time to file a response from May 20, 2020 to July 21, 2020, submitted to The Clerk. |
| 05/13/2020 | Motion to extend the time to file a response is granted and the time is extended to and including July 21, 2020, for all respondents. |
| 05/20/2020 | Brief amicus curiae of Gray Television, Inc. filed. VIDED |
| 07/20/2020 | Waiver of right of respondent Independent Television Group to respond filed. |
| 07/21/2020 | Brief of respondents Prometheus Radio Project; et al. in opposition filed. VIDED. |
| 07/22/2020 | Waiver of right of Lane, Dennis Multicultural Media, Telecom and Internet Council and the National Association of Black Owned Broadcasters, Inc. to respond filed. |
| 08/05/2020 | Reply of petitioners FCC, et al. filed. |
| 08/19/2020 | DISTRIBUTED for Conference of 9/29/2020. |
| 10/02/2020 | Petition GRANTED. The petition for a writ of certiorari in No. 19-1241 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED. |
| 10/02/2020 | 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. 19-1231. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-1231. 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.” |
| 11/16/2020 | Joint appendix filed (statement of costs filed 4/13/21). VIDED. |
| 11/16/2020 | Brief of petitioners FCC, et al. filed. |
| 11/16/2020 | Brief of Industry Petitioners filed. VIDED. |
| 11/17/2020 | Blanket Consent filed by Petitioner, National Association of Broadcasters |
| 11/23/2020 | Brief amicus curiae of Phoenix Center for Advanced Legal & Economic Publc Policy Studies filed. VIDED |
| 11/23/2020 | Brief amicus curiae of TechFreedom filed. VIDED |
| 11/23/2020 | Brief amicus curiae of Southeastern Legal Foundation filed. VIDED. |
| 11/23/2020 | Brief amici curiae of The ABC Television Affiliates Association, The CBS Television Network Affiliates Association, The FBC Television Affiliates Association, and The NBC Television Affiliates filed. VIDED. |
| 11/23/2020 | Brief amicus curiae of Gray Television, Inc. filed. VIDED. |
| 11/23/2020 | Brief amicus curiae of Americans for Prosperity Foundation filed. VIDED. |
| 11/25/2020 | SET FOR ARGUMENT on Tuesday, January 19, 2021. VIDED. |
| 12/03/2020 | Record requested from the U.S.C.A. 3rd Circuit. |
| 12/08/2020 | CIRCULATED |
| 12/11/2020 | Motion for divided argument filed by petitioners FCC, et al. VIDED. |
| 12/16/2020 | Brief of respondents Prometheus Radio Project, et al. filed. VIDED. (Distributed) |
| 12/22/2020 | Brief amicus curiae of Public Citizen filed. VIDED. (Distributed) |
| 12/23/2020 | The record received from the U.S.C.A. 3rd Circuit, for case numbers 19-1231 & 19-1241 (Consolidated). The record has been filed electronically for both case numbers. |
| 12/23/2020 | Amicus brief of Public Knowledge not accepted for filing. (December 23, 2020) |
| 12/23/2020 | Amicus brief of Public Knowledge not accepted for filing. (December 23, 2020) |
| 12/23/2020 | Brief amicus curiae of Public Knowledge filed. VIDED. (Distributed) |
| 12/23/2020 | Brief amici curiae of District of Columbia, et al. filed. VIDED. (Distributed) |
| 12/23/2020 | Brief amici curiae of Members of Congress filed. VIDED. (Distributed) |
| 12/23/2020 | Brief amici curiae of Former FCC Commissioners filed. VIDED. (Distributed) |
| 12/23/2020 | Brief amici curiae of The Leadership Conference on Civil and Human Rights, et al. filed. VIDED. (Distributed) |
| 12/23/2020 | Brief amici curiae of Media Law and Policy Scholars filed. VIDED. (Distributed) |
| 12/23/2020 | Brief amicus curiae of The American Statistical Association filed. VIDED. (Distributed) |
| 12/23/2020 | Brief amici curiae of Professors of Communications Law, Policy, and Administrative Law, and Doctors of Economics and Social Science filed. VIDED. (Distributed) |
| 12/23/2020 | Amicus brief of Sue Wilson, Media Action Center not accepted for filing. (January 14, 2021) |
| 12/23/2020 | Brief amicus curiae of Sue Wilson, Media Action Center filed (Corrected PDF submitted - 1/14/21). (Distributed) VIDED. |
| 01/08/2021 | Motion for divided argument filed by the Acting Solicitor General GRANTED. VIDED. |
| 01/08/2021 | Reply of petitioner FCC, et al. filed. (Distributed) |
| 01/08/2021 | Reply of Industry Petitioners filed. VIDED. (Distributed) |
| 01/19/2021 | Argued. For petitioners in 19-1231: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For petitioners in 19-1241: Helgi C. Walker, Washington, D. C. For respondents: Ruthanne M. Deutsch, Washington, D. C. VIDED. |
| 04/01/2021 | Judgment REVERSED. Kavanaugh, J., delivered the opinion for a unanimous Court. Thomas, J., filed a concurring opinion. VIDED. |
| 05/03/2021 | JUDGMENT ISSUED. |