Forum

U.S. Supreme Court

Case Status

Pending

Docket Number

Term

2024 Term

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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

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

U.S. Chamber Amicus Brief

Jeffrey B. Wall, Morgan L. Ratner, Elizabeth M. Fritz, and Peter L. Byrne of Sullivan & Cromwell LLP served as outside counsel.

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