Supreme Court of the United States · Official docket →
National Association of Broadcasters, et al. v. Prometheus Radio Project, et al.
Paid petition · United States Court of Appeals for the Third Circuit, No. 17-1107, 17-1109, 17-1110, 17-1111, 18-1092, 18-1669, 18-1670, 18-1671, 18-2943, 18-3335 · judgment September 23, 2019
Before the decision, about 2.2× the 4.1% base rate. The model weighted this up for a Third Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Question presented
Consolidated with 19-1231. Section 202(h) of the Telecommunications Act of 1996 directs the Federal Communications Commission to review its media ownership rules every four years and to "repeal" or "modify" any rule that is no longer "necessary in the public interest as the result of/competition." In its most recent review, the Commission modified or eliminated a number of decades-old ownership rules that substantial competitive changes in the media marketplace had rendered unnecessary. No party challenged the Commission's statutorily mandated competition analysis. Yet the Third Circuit vacated all of the rule changes solely because it concluded that the Commission inadequately considered the effect of those changes on minority and female ownership- even though Section 202(h) says nothing about that issue-and it ordered the Commission to collect additional statistics on ownership diversity. The same divided Third Circuit panel has repeatedly elevated its policy concerns over the statutory text and purported to retain jurisdiction over the FCC's Section 202(h) orders, blocking review by any other court. The question presented is: Whether under Section 202(h) the Commission may repeal or modify media ownership rules that it determines are no longer "necessary in the public interest as the result of competition" without statistical evidence about the prospective effect of its rule changes on minority and female ownership.
Counsel of record
For petitioner
Helgi C. Walker
Gibson, Dunn & Crutcher LLP
For respondent
Ruthanne Mary Deutsch
Deutsch Hunt, PLLC
Argument & decision
Argued January 19, 2021 — Malcolm L. Stewart · Helgi C. Walker · Ruthanne M. Deutsch. Audio and transcript
Decided April 1, 2021. Opinion by Kavanaugh.
Proceedings
- May 03 2021JUDGMENT ISSUED.
- Apr 01 2021Judgment REVERSED. Kavanaugh, J., delivered the opinion for a unanimous Court. Thomas, J., filed a concurring opinion. VIDED.
- Jan 19 2021Argued. 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.
- Dec 23 2020The 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.
- Dec 08 2020CIRCULATED
- Dec 03 2020Record requested from the U.S.C.A. 3rd Circuit.
- Nov 25 2020SET FOR ARGUMENT on Tuesday, January 19, 2021. VIDED.
- Oct 02 2020Petition 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.
- Oct 02 2020Because 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.”
- Aug 19 2020DISTRIBUTED for Conference of 9/29/2020.
- Aug 19 2020Reply of petitioners National Association of Broadcasters, et al. filed. (Distributed)
- Aug 03 2020Motion to delay distribution of the petition for a writ certiorari until August 19, 2020, granted.
- Jul 30 2020Motion 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.
- Jul 22 2020Waiver of right of respondents Multicultural Media, Telecom and Internet Council and the National Association of Black Owned Broadcasters, Inc. to respond filed.
- Jul 21 2020Brief of respondents Prometheus Radio Project, et al. in opposition filed. VIDED.
- Jul 20 2020Waiver of right of respondent Independent Television Group to respond filed.
- May 22 2020Brief amici curiae of ABC Television Affiliates Association, et al. filed.
- May 22 2020Brief amicus curiae of The International Center for Law and Economics filed.
- May 20 2020Brief amicus curiae of Gray Television, Inc. filed. VIDED.
- May 13 2020Motion to extend the time to file a response is granted and the time is extended to and including July 21, 2020, for all respondents.
- May 12 2020Motion 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.
- May 06 2020Motion to extend the time to file a response is granted and the time is extended to and including July 21, 2020.
- May 05 2020Motion to extend the time to file a response from May 22, 2020 to July 21, 2020, submitted to The Clerk.
- Apr 17 2020Petition for a writ of certiorari filed. (Response due May 22, 2020)
- Mar 12 2020Application (19A889) granted by Justice Alito extending the time to file until April 18, 2020.
- Mar 09 2020Application (19A889) to extend further the time from March 19, 2020 to April 18, 2020, submitted to Justice Alito.
- Feb 12 2020Application (19A889) granted by Justice Alito extending the time to file until March 19, 2020.
- Feb 07 2020Application (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.