Opinion Summary: FCC v. Consumers' Research | Date Decided: 6/27/25 | Case No. 24-354

This case was consolidated with: SHLB Coalition V. Consumers' Research, Case No. 23-422.

Link to Docket: Here.

Background:

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.

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.

Holding: The universal-service contribution scheme does not violate the nondelegation doctrine.

Result: Reversed and remanded.

Voting Breakdown: 6-3. Justice Kagan delivered the opinion of the Court, in which Chief Justice Roberts and Justices Sotomayor, Kavanaugh, Barrett and Jackson joined. Justice Kavanaugh and Justice Jackson filed concurring opinions. Justice Gorsuch filed a dissenting opinion, in which Justices Thomas and Alito joined.

Link to Opinion: Here.

Oral Advocates:

• 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.

Apple Podcast Link to Oral Argument: Here.