No. 23-456
Consumers' Research, et al. v. Federal Communications Commission, et al.
Tags: administrative-law constitutional-law fcc-authority federal-communications-commission non-delegation nondelegation-doctrine revenue-raising statutory-interpretation telecommunications-regulation universal-service-fund
Latest Conference:
2025-06-26
(distributed 6 times)
Question Presented (from Petition)
(1) Whether 47 U.S.C. § 254 violates the nondelegation doctrine by imposing no limit on the FCC's power to raise revenue for the USF.
(2) Whether the FCC violated the private nondelegation doctrine by transferring its revenue-raising power to a private company run by industry interest groups.
Question Presented (AI Summary)
Whether 47 U.S.C. § 254 violates the nondelegation doctrine
Docket Entries
2025-06-30
Rehearing DENIED.
2025-06-26
DISTRIBUTED for Conference of 6/26/2025.
2024-11-18
DISTRIBUTED for Conference of 11/22/2024.
2024-10-30
DISTRIBUTED for Conference of 11/15/2024.
2024-10-08
Rescheduled.
2024-10-07
DISTRIBUTED for Conference of 10/11/2024.
2024-09-19
Rescheduled.
2024-09-11
DISTRIBUTED for Conference of 9/30/2024.
2024-07-25
Supplemental Brief of Consumers' Research, et al. submitted.
2024-06-27
DISTRIBUTED.
2024-06-18
Petition for Rehearing filed.
2024-06-18
Petition of Consumers' Research, et al. for rehearing submitted.
2024-06-10
Petition DENIED.
2024-05-21
DISTRIBUTED for Conference of 6/6/2024.
2024-03-12
Motion to extend the time to file a response is granted and the time is further extended to and including May 3, 2024, for all respondents.
2024-03-11
Motion to extend the time to file a response from April 3, 2024 to May 3, 2024, submitted to The Clerk.
2024-02-13
Motion to extend the time to file a response is granted and the time is further extended to and including April 3, 2024, for all respondents.
2024-02-12
Motion to extend the time to file a response from March 4, 2024 to April 3, 2024, submitted to The Clerk.
2024-01-12
Motion to extend the time to file a response is granted and the time is further extended to and including March 4, 2024, for all respondents.
2024-01-11
Motion to extend the time to file a response from February 1, 2024 to March 4, 2024, submitted to The Clerk.
2023-12-15
Motion to extend the time to file a response is granted and the time is further extended to and including February 1, 2024, for all respondents.
2023-12-13
Motion to extend the time to file a response from January 2, 2024 to February 1, 2024, submitted to The Clerk.
2023-11-30
Brief amicus curiae of Americans for Prosperity Foundation filed.
2023-11-30
Brief amici curiae of Competitive Enterprise Institute, et al. filed.
2023-11-30
Brief amicus curiae of New Civil Liberties Alliance filed.
2023-11-27
Motion to extend the time to file a response is granted and the time is extended to and including January 2, 2024, for all respondents.
2023-11-22
Motion of Schools, Health & Libraries Broadband Coalition, et al. to extend the time to file a response from November 30, 2023 to January 2, 2024, submitted to The Clerk.
2023-11-22
Motion to extend the time to file a response is granted and the time is extended to and including January 2, 2024, for all respondents.
2023-11-20
Motion to extend the time to file a response from November 30, 2023 to January 2, 2024, submitted to The Clerk.
2023-11-17
Brief amicus curiae of TechFreedom filed.
2023-10-27
Petition for a writ of certiorari filed. (Response due November 30, 2023)
2023-08-01
Application (23A88) granted by Justice Kavanaugh extending the time to file until October 27, 2023.
2023-07-26
Application (23A88) to extend the time to file a petition for a writ of certiorari from August 28, 2023 to October 27, 2023, submitted to Justice Kavanaugh.
Attorneys
Americans for Prosperity Foundation
Benton Institute for Broadband & Society, National Digital Inclusion Alliance, Center for Media Justice dba MediaJustice
Andrew Jay Schwartzman — Andrew Jay Schwartzman, Amicus
Competitive Enterprise Institute, Free State Foundation, Christopher C. DeMuth, Harold Furchtgott-Roth, Michael S. Greve, Randolph J. May
Consumers' Research, et al.
R. Trent McCotter — Boyden Gray PLLC, Petitioner
FCC, et al.
D. John Sauer — Solicitor General, Respondent
Elizabeth B. Prelogar — Solicitor General, Respondent
Sarah M. Harris — Acting Solicitor General, Respondent
New Civil Liberties Alliance
Schools, Health & Libraries Broadband Coalition
Jason Edward Neal — HWG LLP, Respondent
TechFreedom
Corbin Knight Barthold — TechFreedom, Amicus
USTelecom – The Broadband Association; National Telecommunications Cooperative Association d/b/a NTCA – The Rural Broadband Association; Competitive Carriers Association
Jennifer Beth Tatel — Wilkinson Barker Knauer LLP, Respondent