Supreme Court of the United States · Official docket →
Federal Communications Commission, et al. v. Consumers' Research, et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 22-60008 · judgment July 24, 2024
Decided · June 27, 2025
Pre-decision estimate: 64% cert probability (95% interval 54%–73%)
Before the decision, about 15.5× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a petition filed soon after the judgment below.
Questions presented
Consolidated with 24-422. In 47 U.S.C. 254, Congress required the Federal Communications Commission (Commission) to operate universal service subsidy programs using mandatory contributions from telecommunications carriers. The Commission has appointed a private company as the programs' Administrator, authorizing that company to perform administrative tasks such as sending out bills, collecting contributions, and disbursing funds to beneficiaries. The questions presented are as follows:
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Whether Congress violated the nondelegation doctrine by authorizing the Commission to determine, within the limits set forth in Section 254, the amount that providers must contribute to the Fund.
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Whether the Commission violated the nondelegation doctrine by using the Administrator's financial projections in computing universal service contribution rates.
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Whether the combination of Congress's conferral of authority on the Commission and the Commission's delegation of administrative responsibilities to the Administrator violates the nondelegation doctrine.
Counsel of record
For petitioner
Paul D. Clement
Clement & Murphy, PLLC
For respondent
R. Trent McCotter
Boyden Gray PLLC
Case
Conference history
Distributed for 2 conferences
Amicus briefs
2 cert-stage · 48 merits
(26 supporting pet./neither, 22 respondent)
Related
Vide, 24-422
Argument & decision
Argued March 26, 2025 — Sarah M. Harris · Paul D. Clement · R. Trent McCotter. Audio and transcript
Decided June 27, 2025. Opinion by Kagan.
Proceedings
- Jul 29 2025Judgment Issued.
- Jun 27 2025Judgment REVERSED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kavanaugh, Barrett, and Jackson, JJ., joined. Kavanaugh, J., and Jackson, J., filed concurring opinions. Gorsuch, J., filed a dissenting opinion, in which Thomas and Alito, JJ., joined. VIDED.
- May 22 2025Letter from respondents addressing question at oral argument from received.
- Mar 26 2025Argued. For petitioners in 24-354: Sarah M. Harris, Acting Solicitor General, Department of Justice, Washington, D. C. For petitioners in 24-422: Paul D. Clement, Alexandria, Va. For respondents: R. Trent McCotter, Washington, D. C. VIDED.
- Mar 13 2025Reply of Federal Petitioners filed. VIDED. (Distributed)
- Mar 13 2025Reply of petitioners Competitive Carriers Association, et al. filed. VIDED. (Distributed)
- Mar 13 2025Reply of petitioners SHLB Coalition, et al. filed. VIDED. (Distributed)
- Mar 12 2025Record received electronically from the Federal Communications Commission and available with the Clerk.
- Feb 24 2025Motion for divided argument filed by the Acting Solicitor General GRANTED. VIDED.
- Feb 19 2025Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
- Feb 19 2025CIRCULATED
- Feb 18 2025Brief amicus curiae of Americans for Prosperity Foundation filed. VIDED. (Distributed)
- Feb 18 2025Brief amici curiae of National Federation of Independent Business Small Business Legal Center, Inc., et al. filed. VIDED. (Distributed)
- Feb 18 2025Brief amicus curiae of Foundation for Government Accountability filed. (Distributed) (as to 24-354)
- Feb 18 2025Brief amicus curiae of Alliance Defending Freedom filed. VIDED. (Distributed)
- Feb 18 2025Brief amicus curiae of New Civil Liberties Alliance filed. VIDED. (Distributed)
- Feb 18 2025Brief amici curiae of America's Future, et al. filed. VIDED. (Distributed)
- Feb 18 2025Brief amicus curiae of TechFreedom filed. VIDED. (Distributed)
- Feb 18 2025Brief amicus curiae of Reason Foundation filed. VIDED. (Distributed)
- Feb 18 2025Brief amici curiae of West Virginia, et al. filed. VIDED. (Distributed)
- Feb 18 2025Brief amicus curiae of National Taxpayers Union Foundation filed. VIDED. (Distributed)
- Feb 18 2025Brief amicus curiae of Competitive Enterprise Institute filed. VIDED. (Distributed)
- Feb 18 2025Brief amici curiae of Cato Institute, et al. filed. VIDED. (Distributed)
- Feb 18 2025Brief amici curiae of Firearms Policy Coalition, Inc., et al. filed. VIDED. (Distributed)
- Feb 18 2025Brief amicus curiae of Southeastern Legal Foundation filed. VIDED. (Distributed)
- Feb 18 2025Brief amicus curiae of Professor Chad Squitieri filed. (Distributed) (as to 24-354)
- Feb 18 2025Brief amicus curiae of Immigration Reform Law Institute filed. VIDED. (Distributed)
- Feb 18 2025Brief amicus curiae of America First Legal Foundation filed. VIDED. (Distributed)
- Feb 18 2025Brief amicus curiae of The Buckeye Institute filed. (Distributed) (as to 24-354)
- Feb 18 2025Amicus brief of Pacific Legal Foundation not accepted for filing. (To be corrected - February 21, 2025)
- Feb 18 2025Brief amicus curiae of Pacific Legal Foundation filed. (Distributed) (as to 24-354) (Corrected)
- Feb 14 2025Brief amici curiae of Advancing American Freedom, et al. filed. VIDED.
- Feb 13 2025Brief amicus curiae of Professor Ilan Wurman filed. VIDED.
- Feb 12 2025Record requested from the United States Court of Appeals for the Fifth Circuit.
- Feb 11 2025Brief of respondents Consumers' Research, et al. filed. VIDED.
- Feb 11 2025Brief amici curiae of Mackinac Center For Public Policy, et al. filed. VIDED.
- Feb 10 2025SET FOR ARGUMENT on Wednesday, March 26, 2025. VIDED.
- Feb 10 2025Motion for divided argument filed by the Acting Solicitor General. VIDED.
- Feb 04 2025Application (24A754) granted by Justice Alito. The application to file a consolidated response brief on the merits in excess of the word limit is granted provided that the brief does not exceed 23,000 words. VIDED.
- Jan 24 2025Application (24A754) for leave to file a consolidated response brief on the merits in excess of the word limit, submitted to Justice Alito. VIDED.
- Jan 16 2025Brief amici curiae of NCTA – The Internet & Television Association and National Federation of the Blind (as to 24-354) filed.
- Jan 16 2025Brief amici curiae of The Lawyers' Committee For Civil Rights Under Law and Eleven Organizations filed. VIDED.
- Jan 16 2025Brief amicus curiae of National Association of Regulatory Utility Commissioners filed. VIDED.
- Jan 16 2025Brief amici curiae of AASA—The School Superintendents Association, et al. filed. VIDED.
- Jan 16 2025Brief amicus curiae of Chamber of Commerce of the United States of America in support of neither party filed. VIDED.
- Jan 16 2025Brief amici curiae of Julian Davis Mortenson, et al. filed. VIDED.
- Jan 16 2025Brief amicus curiae of American Library Association filed. VIDED.
- Jan 16 2025Brief amici curiae of Bipartisan Former Commissioners of the Federal Communications Commission filed. VIDED.
- Jan 16 2025Brief amici curiae of CoBank, et al. filed. VIDED.
- Jan 16 2025Brief amici curiae of National Lifeline Association, et al. filed. VIDED.
- Jan 16 2025Brief amicus curiae of Reed Smith LLP in support of neither party filed. VIDED.
- Jan 16 2025Brief amici curiae of Aleutian Pribilof Islands Association, Inc., et al. filed. VIDED.
- Jan 16 2025Brief amici curiae of Associations filed. VIDED.
- Jan 16 2025Brief amicus curiae of Former Leadership of the Universal Service Administrative Company filed. VIDED.
- Jan 16 2025Brief amicus curiae of The Software & Information Industry Association filed. VIDED.
- Jan 16 2025Brief amicus curiae of Oglala Sioux Tribe filed. VIDED.
- Jan 16 2025Brief amici curiae of Colorado, et al. filed. VIDED.
- Jan 16 2025Amicus brief of Members of Congress not accepted for filing. (Cover to be corrected and brief resubmitted and printed.)
- Jan 16 2025Brief amici curiae of Members of Congress filed (January 23, 2025--corrected brief). VIDED.
- Jan 16 2025Brief amici curiae of Public Knowledge, et al. filed. VIDED.
- Jan 15 2025Brief amicus curiae of National Foreign Trade Council filed. (as to 24-354)
- Jan 15 2025Brief amicus curiae of Alaska filed. VIDED.
- Jan 15 2025Brief amici curiae of Local Government Legal Center, et al. filed. VIDED.
- Jan 15 2025Brief amicus curiae of Public Citizen filed. VIDED.
- Jan 15 2025Brief amicus curiae of WTA – Advocates for Rural Broadband filed. VIDED.
- Jan 15 2025Brief amicus curiae of Ad Hoc Healthcare Group filed. VIDED.
- Jan 09 2025Brief of petitioners SHLB Coalition, et al. filed. VIDED.
- Jan 09 2025Brief of petitioners Competitive Carriers Association, et al. filed. VIDED.
- Jan 08 2025Brief of petitioners Federal Communications Commission, et al. filed. VIDED.
- Jan 08 2025Joint appendix filed. (Statement of costs filed.) VIDED.
- Jan 03 2025Brief amici curiae of Gerard N. Magliocca, et al. filed (as to 24-354).
- Dec 23 2024Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' briefs on the merits is extended to and including January 9, 2025. The time to file respondents' briefs on the merits is extended to and including February 11, 2025. VIDED.
- Dec 18 2024Motion for an extension of time to file the briefs on the merits filed. VIDED.
- Nov 22 2024Petition GRANTED. The petition for a writ of certiorari in No. 24-422 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. In addition to the questions presented by the petitions, the parties are directed to brief and argue the following question: Whether this case is moot in light of the challengers' failure to seek preliminary relief before the Fifth Circuit. VIDED.
- Nov 22 2024Because 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. 24-354. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 24-354. 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.”
- Nov 18 2024DISTRIBUTED for Conference of 11/22/2024.
- Oct 30 2024DISTRIBUTED for Conference of 11/15/2024.
- Oct 30 2024Brief amicus curiae of Software & Information Industry Association filed. (Distributed)
- Oct 23 2024Brief amici curiae of West Virginia, et al. filed.
- Oct 23 2024Letter from counsel for respondents Schools, Health & Libraries Broadband Coalition, et al. submitted pursuant to Rule 12.6 filed.
- Oct 17 2024Reply of petitioners Federal Communications Commission, et al. filed.
- Oct 01 2024Brief of respondents Consumers' Research, et al. filed.
- Sep 30 2024Petition for a writ of certiorari filed. (Response due October 30, 2024)