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Schools, Health & Libraries Broadband Coalition, 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
Before the decision, about 7.8× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Fifth Circuit decision below, and a circuit split argued in the petition.
Questions presented
Consolidated with 24-354. In the Telecommunications Act of 1996, Congress required the FCC to update existing subsidy mechanisms in order to promote "universal service," supported by statutorily required contributions from carriers offering interstate telecommunications service. Congress defined universal service and adopted specific, detailed principles to guide and cabin the FCC's exercise of delegated authority. See 47 U.S.C. §§ 254(b), (c), (h). Following Congress's directive in Section 254, the FCC has administered the Universal Service Fund ("USF" or "the Fund") for decades, with support from the Universal Service Administrative Company ("USAC"). The FCC's rules limit USAC's role to administrative matters, prohibit USAC from making policy decisions, and provide for de novo FCC review of any USAC decision upon request. The questions presented are:
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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 USAC'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 USAC violates the nondelegation doctrine.
Counsel of record
For petitioner
Paul D. Clement
Clement & Murphy, PLLC
For respondent
R. Trent McCotter
Boyden Gray PLLC
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.
- 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 12 2025Record received electronically from the Federal Communications Commission and available with the Clerk.
- 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 12 2025Record requested from the United States Court of Appeals for the Fifth Circuit.
- Feb 10 2025SET FOR ARGUMENT on Wednesday, March 26, 2025. VIDED.
- Nov 22 2024Petition GRANTED. The petition for a writ of certiorari in No. 24-354 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 21 2024Reply of petitioners Schools, Health, & Libraries Broadband Coalition, et al. filed.
- Oct 16 2024Brief of respondents Consumers' Research, et al. in opposition filed.
- Oct 11 2024Petition for a writ of certiorari filed. (Response due November 14, 2024)