Supreme Court of the United States · Official docket →
Wisconsin Bell, Inc. v. United States, ex rel. Todd Heath
Paid petition · United States Court of Appeals for the Seventh Circuit, No. 22-1515 · judgment January 16, 2024
Before the decision, about 5.5× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Question presented
The Telecommunications Act of 1996 directs the FCC to further the goal of universal access to telecommunications services. In response, the FCC established what's known as the "E-rate" program to provide discounted services to eligible schools and libraries. The program is administered by a private, non-profit corporation and funded entirely by contributions from private telecommunications carriers. After telecommunications carriers provide services to eligible schools and libraries, either the schools and libraries or the providers can submit reimbursement requests to the private corporation for the amount of the discount. In this way, the E-rate program distributes up to $4.5 billion each year. The question presented is: Whether reimbursement requests submitted to the E-rate program are "claims" under the False Claims Act.
Counsel of record
For petitioner
Helgi C. Walker
Gibson, Dunn & Crutcher LLP
For respondent
David J. Chizewer
Goldberg Kohn Ltd.
Case
Conference history
Distributed for 2 conferences
Amicus briefs
2 cert-stage · 9 merits
(5 supporting pet./neither, 4 respondent)
Argument & decision
Argued November 4, 2024 — Allyson N. Ho · Tejinder Singh. Audio and transcript
Decided February 21, 2025.
Proceedings
- Mar 25 2025Judgment Issued.
- Feb 21 2025Judgment is AFFIRMED and case REMANDED. Kagan J., delivered the opinion for a unanimous Court. Thomas, J., filed a concurring opinion, in which Kavanaugh, J., joined, and in which Alito, J., joined as to Part I. Kavanaugh, J., filed a concurring opinion, in which Thomas, J., joined.
- Nov 04 2024Argued. For petitioner: Allyson N. Ho, Dallas, Tex. For respondent: Tejinder Singh, Washington, D. C.; and Vivek Suri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
- Oct 24 2024Reply of petitioner Wisconsin Bell, Inc. filed. (Distributed)
- Oct 15 2024Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
- Oct 01 2024CIRCULATED
- Oct 01 2024Brief amicus curiae of United States filed. (Distributed)
- Oct 01 2024Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
- Oct 01 2024Brief amici curiae of Southern Education Foundation, et al. filed. (Distributed)
- Oct 01 2024Brief amicus curiae of Anti-Fraud Coalition filed. (Distributed)
- Oct 01 2024Brief amici curiae of Professors of Law and Computer Science filed. (Distributed)
- Sep 24 2024Brief of respondent United States, ex rel. Todd Heath filed.
- Aug 20 2024Brief amici curiae of USTelecom – The Broadband Association and CTIA – The Wireless Association filed.
- Aug 20 2024Brief amicus curiae of Center for Constitutional Responsibility filed.
- Aug 20 2024Brief amicus curiae of Chamber of Commerce of the United States of America filed.
- Aug 20 2024Brief amicus curiae of DRI–Center for Law and Public Policy filed.
- Aug 15 2024Brief amicus curiae of Washington Legal Foundation filed.
- Aug 14 2024Record received electronically from the United States District Court for the Eastern District of Wisconsin and available with the Clerk.
- Aug 13 2024Brief of petitioner Wisconsin Bell, Inc. filed.
- Aug 13 2024Joint appendix filed. (Statement of costs filed)
- Aug 08 2024Record received electronically from the United States Court of Appeals for the Seventh Circuit and available with the Clerk.
- Aug 06 2024Record requested from the United States Court of Appeals for the Seventh Circuit.
- Jul 26 2024SET FOR ARGUMENT on Monday, November 4, 2024.
- Jul 18 2024Motion to extend the time to file the briefs on the merits is granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 13, 2024. The time to file respondent's brief on the merits is extended to and including September 24, 2024.
- Jul 15 2024Motion for an extension of time to file the briefs on the merits filed.
- Jun 17 2024Petition GRANTED.
- Jun 10 2024DISTRIBUTED for Conference of 6/13/2024.
- May 21 2024DISTRIBUTED for Conference of 6/6/2024.
- May 20 2024Reply of petitioner Wisconsin Bell, Inc. filed. (Distributed)
- May 20 2024Letter of petitioner Wisconsin Bell, Inc. filed. (Distributed)
- May 16 2024Brief amici curiae of USTelecom – The Broadband Association and CTIA – The Wireless Association filed.
- May 10 2024Brief amicus curiae of Washington Legal Foundation filed.
- May 01 2024Brief of respondent Todd Heath in opposition filed.
- Apr 15 2024Petition for a writ of certiorari filed. (Response due May 17, 2024)