No. 23-743
Consumers' Research, et al. v. Federal Communications Commission, et al.
Tags: administrative-law constitutional-law federal-communications-commission non-delegation nondelegation-doctrine revenue-raising statutory-interpretation telecommunications-regulation universal-service-fund
Key Terms:
AdministrativeLaw Privacy JusticiabilityDoctri
AdministrativeLaw Privacy JusticiabilityDoctri
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 of Consumers' Research, et al. for rehearing submitted.
2024-06-18
Petition for Rehearing filed.
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.
2024-02-08
Brief amici curiae of West Virginia, 20 Other States, and the Arizona Legislature filed.
2024-01-12
Motion to extend the time to file a response is granted and the time is extended to and including March 4, 2024, for all respondents.
2024-01-11
Motion to extend the time to file a response from February 8, 2024 to March 4, 2024, submitted to The Clerk.
2024-01-05
Petition for a writ of certiorari filed. (Response due February 8, 2024)
Attorneys
Benton Institute for Broadband & Society, National Digital Inclusion Alliance, Center for Media Justice dba MediaJustice
Andrew Jay Schwartzman — Andrew Jay Schwartzman, Amicus
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
Schools, Health & Libraries Broadband Coalition
Jason Edward Neal — HWG LLP, Respondent
State of West Virginia, 20 Other States, and the Arizona Legislature
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