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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

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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
10/11/2024Petition for a writ of certiorari filed. (Response due November 14, 2024)
10/16/2024Brief of respondents Consumers' Research, et al. in opposition filed.
10/21/2024Reply of petitioners Schools, Health, & Libraries Broadband Coalition, et al. filed.
10/30/2024DISTRIBUTED for Conference of 11/15/2024.
11/18/2024DISTRIBUTED for Conference of 11/22/2024.
11/22/2024Petition 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.
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.”
01/16/2025Amicus brief of Public Knowledge, Affordable Broadband Campaign, Chamber of Progress, Common Sense Media, and Communications Workers of America submitted.
02/10/2025SET FOR ARGUMENT on Wednesday, March 26, 2025. VIDED.
02/12/2025Record requested from the United States Court of Appeals for the Fifth Circuit.
02/14/2025Amicus brief of Advancing American Freedom, Inc. submitted.
02/18/2025Amicus brief of TechFreedom submitted.
02/18/2025Amicus brief of National Federation of Independent Business Small Business Legal Center, Inc. and Technology Channel Sales Professionals submitted.
02/18/2025Amicus brief of Southeastern Legal Foundation submitted.
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
03/12/2025Record received electronically from the Federal Communications Commission and available with the Clerk.
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.