Forum
U.S. Supreme Court
Case Status
Decided
Docket Number
Term
2024 Term
Lower Court Opinion
Questions Presented
1. 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.
2. Whether the Commission violated the nondelegation doctrine by using the Administrator's financial projections in computing universal service contribution rates.
3. 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.
Case Updates
Supreme Court holds that the Federal Communications Commission's Universal Service Fund does not violate the nondelegation doctrine
June 27, 2025
U.S. Chamber files merits-stage amicus brief in support of neither party, urging the Supreme Court to revitalize the public nondelegation doctrine and demand that Congress supply guidance to the Executive commensurate with the significance of the authority granted
January 16, 2025
Jeffrey B. Wall, Morgan L. Ratner, Elizabeth M. Fritz, and Peter L. Byrne of Sullivan & Cromwell LLP served as outside counsel.