Supreme Court of the United States · Official docket →
Consumers' Research, et al. v. Federal Communications Commission, et al.
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 21-3886 · judgment May 4, 2023
Before the decision, about 1.5× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Sixth Circuit decision below.
Question presented
Petitioners challenge the unprecedented revenueraising mechanism for the Universal Service Fund, a nationwide social program aimed at expanding telecommunications services. Rather than appropriating funds, Congress has authorized the Federal Communications Commission to levy taxes for the USF without any statutory cap or formula, guided only by a list of “aspirational” principles. Congress even authorized the FCC to redefine “universal service” altogether and raise funds for that expanded scope. To top it off, the FCC then redelegated operation of the USF to a private company run by self-described industry “interest groups.” With no meaningful limits or accountability, the USF has ballooned, with Americans now paying nearly $10 billion every year—25 times the FCC’s annual budget. The Sixth Circuit upheld this unique scheme below, but the Fifth Circuit recently granted en banc rehearing in a parallel suit, portending a split. The questions presented are:
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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.
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Whether the FCC violated the private nondelegation doctrine by transferring its revenueraising power to a private company run by industry interest groups.
Counsel of record
For petitioner
R. Trent McCotter
Boyden Gray PLLC
For respondent
Jason Edward Neal
HWG LLP
Proceedings
- Jun 30 2025Rehearing DENIED.
- Jun 26 2025DISTRIBUTED for Conference of 6/26/2025.
- Nov 18 2024DISTRIBUTED for Conference of 11/22/2024.
- Oct 30 2024DISTRIBUTED for Conference of 11/15/2024.
- Oct 08 2024Rescheduled.
- Oct 07 2024DISTRIBUTED for Conference of 10/11/2024.
- Sep 19 2024Rescheduled.
- Sep 11 2024DISTRIBUTED for Conference of 9/30/2024.
- Jul 25 2024Supplemental brief of petitioners Consumers' Research, et al. filed. VIDED.
- Jun 27 2024DISTRIBUTED.
- Jun 18 2024Petition for Rehearing filed.
- Jun 10 2024Petition DENIED.
- May 21 2024DISTRIBUTED for Conference of 6/6/2024.
- May 21 2024Reply of petitioners Consumers' Research, et al. filed. VIDED. (Distributed)
- May 03 2024Brief of respondents Federal Communications Commission, et al. in opposition filed. VIDED.
- May 03 2024Brief of respondents Schools, Health & Libraries Broadband Coalition, et al. in opposition filed. VIDED.
- Mar 12 2024Motion 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.
- Mar 11 2024Motion to extend the time to file a response from April 3, 2024 to May 3, 2024, submitted to The Clerk.
- Feb 13 2024Motion 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.
- Feb 12 2024Motion to extend the time to file a response from March 4, 2024 to April 3, 2024, submitted to The Clerk.
- Jan 12 2024Motion 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.
- Jan 11 2024Motion to extend the time to file a response from February 1, 2024 to March 4, 2024, submitted to The Clerk.
- Dec 15 2023Motion 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.
- Dec 13 2023Motion to extend the time to file a response from January 2, 2024 to February 1, 2024, submitted to The Clerk.
- Nov 30 2023Brief amici curiae of Competitive Enterprise Institute, et al. filed.
- Nov 30 2023Brief amicus curiae of Americans for Prosperity Foundation filed.
- Nov 30 2023Brief amicus curiae of New Civil Liberties Alliance filed.
- Nov 27 2023Motion to extend the time to file a response is granted and the time is extended to and including January 2, 2024, for all respondents.
- Nov 22 2023Motion to extend the time to file a response is granted and the time is extended to and including January 2, 2024, for all respondents.
- Nov 22 2023Motion 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.
- Nov 20 2023Motion to extend the time to file a response from November 30, 2023 to January 2, 2024, submitted to The Clerk.
- Nov 17 2023Brief amicus curiae of TechFreedom filed.
- Oct 27 2023Petition for a writ of certiorari filed. (Response due November 30, 2023)
- Aug 01 2023Application (23A88) granted by Justice Kavanaugh extending the time to file until October 27, 2023.
- Jul 26 2023Application (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.