National Association of Broadcasters v. Prometheus Radio Project

Consolidated with:

Federal Communications Commission v. Prometheus Radio Project

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
19-1241	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 (key to color coding)
02/07/2020	Application (19A889) 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 (19A889) granted by Justice Alito extending the time to file until March 19, 2020.
03/09/2020	Application (19A889) to extend further the time from March 19, 2020 to April 18, 2020, submitted to Justice Alito.
03/12/2020	Application (19A889) 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 22, 2020)
05/05/2020	Motion to extend the time to file a response from May 22, 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 22, 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.
05/22/2020	Brief amici curiae of ABC Television Affiliates Association, et al. filed.
05/22/2020	Brief amicus curiae of The International Center for Law and Economics filed.
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 respondents Multicultural Media, Telecom and Internet Council and the National Association of Black Owned Broadcasters, Inc. to respond filed.
07/30/2020	Motion of petitioners to delay distribution of the petition for a writ of certiorari under Rule 15.5 from August 5, 2020 to August 19, 2020, submitted to The Clerk.
08/03/2020	Motion to delay distribution of the petition for a writ certiorari until August 19, 2020, granted.
08/19/2020	DISTRIBUTED for Conference of 9/29/2020.
08/19/2020	Reply of petitioners National Association of Broadcasters, et al. filed. (Distributed)
10/02/2020	Petition GRANTED. The petition for a writ of certiorari in No. 19-1231 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.”
11/25/2020	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
12/23/2020	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.
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.