from the United States Court of Appeals for the Fifth Circuit
See other cases from the Fifth Circuit.
Judgment Issued.
Judgment REVERSED and case REMANDED. Kagan, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/24pdf/24-354_0861.pdf'>opinion</a> 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.
Letter from respondents addressing question at oral argument from received.
Argued. 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.
Reply of Federal Petitioners filed. VIDED. (Distributed)
Reply of petitioners Competitive Carriers Association, et al. filed. VIDED. (Distributed)
Reply of petitioners SHLB Coalition, et al. filed. VIDED. (Distributed)
Record received electronically from the Federal Communications Commission and available with the Clerk.
Motion for divided argument filed by the Acting Solicitor General GRANTED. VIDED.
Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
CIRCULATED
Brief amici curiae of Cato Institute, et al. filed. VIDED. (Distributed)
Brief amicus curiae of Competitive Enterprise Institute filed. VIDED. (Distributed)
Brief amicus curiae of National Taxpayers Union Foundation filed. VIDED. (Distributed)
Brief amicus curiae of Professor Chad Squitieri filed. (Distributed) (as to 24-354)
Brief amici curiae of West Virginia, et al. filed. VIDED. (Distributed)
Brief amici curiae of Firearms Policy Coalition, Inc., et al. filed. VIDED. (Distributed)
Brief amicus curiae of Americans for Prosperity Foundation filed. VIDED. (Distributed)
Brief amici curiae of National Federation of Independent Business Small Business Legal Center, Inc., et al. filed. VIDED. (Distributed)
Brief amicus curiae of Foundation for Government Accountability filed. (Distributed) (as to 24-354)
Brief amicus curiae of Alliance Defending Freedom filed. VIDED. (Distributed)
Brief amicus curiae of New Civil Liberties Alliance filed. VIDED. (Distributed)
Brief amici curiae of America's Future, et al. filed. VIDED. (Distributed)
Brief amicus curiae of TechFreedom filed. VIDED. (Distributed)
Brief amicus curiae of Reason Foundation filed. VIDED. (Distributed)
Brief amicus curiae of Pacific Legal Foundation filed. (Distributed) (as to 24-354) (Corrected)
Amicus brief of Pacific Legal Foundation not accepted for filing. (To be corrected - February 21, 2025)
Brief amicus curiae of The Buckeye Institute filed. (Distributed) (as to 24-354)
Brief amicus curiae of America First Legal Foundation filed. VIDED. (Distributed)
Brief amicus curiae of Immigration Reform Law Institute filed. VIDED. (Distributed)
Brief amicus curiae of Southeastern Legal Foundation filed. VIDED. (Distributed)
Brief amici curiae of Advancing American Freedom, et al. filed. VIDED.
Brief amicus curiae of Professor Ilan Wurman filed. VIDED.
Record requested from the United States Court of Appeals for the Fifth Circuit.
Brief of respondents Consumers' Research, et al. filed. VIDED.
Brief amici curiae of Mackinac Center For Public Policy, et al. filed. VIDED.
Motion for divided argument filed by the Acting Solicitor General. VIDED.
SET FOR ARGUMENT on Wednesday, March 26, 2025. VIDED.
Application (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.
Application (24A754) for leave to file a consolidated response brief on the merits in excess of the word limit, submitted to Justice Alito. VIDED.
Brief amici curiae of Members of Congress filed (January 23, 2025--corrected brief). VIDED.
Brief amici curiae of NCTA – The Internet & Television Association and National Federation of the Blind (as to 24-354) filed.
Brief amici curiae of The Lawyers' Committee For Civil Rights Under Law and Eleven Organizations filed. VIDED.
Brief amicus curiae of National Association of Regulatory Utility Commissioners filed. VIDED.
Brief amici curiae of AASA—The School Superintendents Association, et al. filed. VIDED.
Brief amicus curiae of Chamber of Commerce of the United States of America in support of neither party filed. VIDED.
Brief amici curiae of Julian Davis Mortenson, et al. filed. VIDED.
Brief amicus curiae of American Library Association filed. VIDED.
Brief amici curiae of Bipartisan Former Commissioners of the Federal Communications Commission filed. VIDED.
Brief amici curiae of CoBank, et al. filed. VIDED.
Brief amici curiae of National Lifeline Association, et al. filed. VIDED.
Brief amicus curiae of Reed Smith LLP in support of neither party filed. VIDED.
Brief amici curiae of Aleutian Pribilof Islands Association, Inc., et al. filed. VIDED.
Brief amici curiae of Associations filed. VIDED.
Brief amicus curiae of Former Leadership of the Universal Service Administrative Company filed. VIDED.
Brief amicus curiae of The Software & Information Industry Association filed. VIDED.
Brief amicus curiae of Oglala Sioux Tribe filed. VIDED.
Brief amici curiae of Colorado, et al. filed. VIDED.
Amicus brief of Members of Congress not accepted for filing. (Cover to be corrected and brief resubmitted and printed.)
Brief amici curiae of Public Knowledge, et al. filed. VIDED.
Brief amicus curiae of National Foreign Trade Council filed. (as to 24-354)
Brief amicus curiae of Ad Hoc Healthcare Group filed. VIDED.
Brief amicus curiae of WTA – Advocates for Rural Broadband filed. VIDED.
Brief amicus curiae of Public Citizen filed. VIDED.
Brief amici curiae of Local Government Legal Center, et al. filed. VIDED.
Brief amicus curiae of Alaska filed. VIDED.
Brief of petitioners Competitive Carriers Association, et al. filed. VIDED.
Brief of petitioners SHLB Coalition, et al. filed. VIDED.
Brief of petitioners Federal Communications Commission, et al. filed. VIDED.
Joint appendix filed. (Statement of costs filed.) VIDED.
Brief amici curiae of Gerard N. Magliocca, et al. filed (as to 24-354).
Motion 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.
Motion for an extension of time to file the briefs on the merits filed. VIDED.
Petition 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.
Because 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.”
Brief amicus curiae of Software & Information Industry Association filed. (Distributed)
Brief amici curiae of West Virginia, et al. filed.
Letter from counsel for respondents Schools, Health & Libraries Broadband Coalition, et al. submitted pursuant to Rule 12.6 filed.
Reply of petitioners Federal Communications Commission, et al. filed.
Brief of respondents Consumers' Research, et al. filed.
Petition for a writ of certiorari filed. (Response due October 30, 2024)
Competitive Carriers Association; National Telecommunications Cooperative Association dba NTCA; USTelecom - The Broadband Association, Petitioner, represented by Paul D. Clement
Competitive Carriers Association; National Telecommunications Cooperative Association dba NTCA; USTelecom - The Broadband Association, Petitioner, represented by Jennifer Beth Tatel
Federal Communications Commission, et al., Petitioner, represented by D. John Sauer
SHLB Coalition, et al., Petitioner, represented by Jason Edward Neal
Consumers' Research, et al., Respondent, represented by R. Trent McCotter
AASA—THE SCHOOL SUPERINTENDENTS ASSOCIATION, et al., Amicus Curiae, represented by Ari Benjamin Asher Holtzblatt
Advancing American Freedom, Amicus Curiae, represented by John Marc Wheat
Alaska Telecom Association, California Communications Association, Colorado Telecommunications Association, Georgia Rural Telephone and Broadband Association, Idaho Telecom Alliance, Illinois Rural Broadband Association, Illinois Broadband and Telecommunications Association, Indiana Broadband and Technology Association, Indiana Rural Broadband Association, Iowa Communications Alliance, Communications Coalition of Kansas, Kentucky Rural Broadband Association, Telecommunications Association of Maine, Broadband Association of Michigan, Minnesota Telecom Alliance, Broadband MT, Nebraska Telecommunications Association, New York Telecommunications Association, Broadband Association of North Dakota, Ohio Telecom Association, Oklahoma Rural Broadba, Amicus Curiae, represented by Edward Anthony Yorkgitis Jr.
Aleutian Pribilof Islands Association, Inc., and Other Tribes and Tribal Organizations, Amicus Curiae, represented by Geoffrey D. Strommer
Alliance Defending Freedom, Amicus Curiae, represented by Jacob Paul Warner
America First Legal Foundation, Amicus Curiae, represented by Christopher E. Mills
American Library Association, Amicus Curiae, represented by Bryan Michael Killian
Americans for Prosperity Foundation, Amicus Curiae, represented by Michael David Pepson
America's Future, DownsizeDC.org, Downsize DC Foundation, Citizens United, Gun Owners of America, Gun Owners Foundation, Free Speech Coalition, Free Speech Defense and Education Fund, U.S. Constitutional Rights Legal Defense Fund, and Conservative Legal Defense and Education Fund, Amicus Curiae, represented by William Jeffrey Olson
Benton Institute for Broadband & Society; National Digital Inclusion Alliance, Center for Media Justice dba MediaJustice, Amicus Curiae, represented by Andrew Jay Schwartzman
Bipartisan Former Commissioners of the Federal Communications Commission, Amicus Curiae, represented by Peter Karanjia
Cato Institute and Manhattan Institute, Amicus Curiae, represented by Thomas Arthur Berry
Chamber of Commerce of the United States of America, Amicus Curiae, represented by Jeffrey B. Wall
CoBank, ACB, National Cooperative Services Corporation; Center for Rural Affairs; Communities Unlimited; Farm Credit Council; Farmers Educational and Cooperative Union of America; Federation of Southern Cooperatives/Land Assistance Fund; National Association of Rural Health Clinics; National Cooperative Business Association, CLUSA International; National Council of Farmer Cooperatives; National Rural Economic Developers Association; National Rural Electric Cooperative Association; National Rural Education Association; National Rural Health Association; National Rural Telecommunications Cooperative; Partners for Rural Transformation; Rural Community Assistance Corporation; Rural Community Assistance Partnership, Amicus Curiae, represented by Andrew David Lipman
Colorado, Amicus Curiae, represented by Shannon Wells Stevenson
Competitive Enterprise Institute, Amicus Curiae, represented by Charles Devin Watkins
Firearms Policy Coalition, Inc. and FPC Action Foundation, Amicus Curiae, represented by David H. Thompson
Former Leadership of the Universal Service Administrative Company, Amicus Curiae, represented by Gina Michele Spade
Gerard N. Magliocca, et al., Amicus Curiae, represented by Gerard N. Magliocca
Ilan Wurman, Amicus Curiae, represented by Ilan Wurman
Immigration Reform Law Institute, Amicus Curiae, represented by Christopher J. Hajec
Julian Davis Mortenson and Nicholas Bagley, Amicus Curiae, represented by Brianne Jenna Gorod
Local Government Legal Center, National Association of Counties, National League of Cities, and the International Municipal Lawyers Association, Amicus Curiae, represented by Tillman Lowry Lay
Mackinac Center For Public Policy, Institute For The American Worker And Pelican Institute For Public Policy, Amicus Curiae, represented by Alexander Thomas MacDonald
Members of Congress, Amicus Curiae, represented by Kevin Franz King
National Association of Regulatory Utility Commissioners, Amicus Curiae, represented by James Bradford Ramsay
National Federation of Independent Business Small Business Legal Center, Inc., and Technology Channel Sales Professionals, Amicus Curiae, represented by Jay Christopher Johnson
National Foreign Trade Council, Amicus Curiae, represented by Alan B. Morrison
National Lifeline Association, AARP, and AARP Foundation, Amicus Curiae, represented by Miles Edward Coleman
National Taxpayers Union Foundation, Amicus Curiae, represented by Tyler Leandro Martinez
NCTA – The Internet & Television Association and National Federation of the Blind, Amicus Curiae, represented by Matthew S. Hellman
New Civil Liberties Alliance, Amicus Curiae, represented by Zhonette Marie Brown
New England Telehealth Consortium, ADS Advanced Data Services, Inc., Community Hospital Corporation, HealthConnect Networks, the North Carolina Telehealth Network Association, the Colorado Hospital Association, and the Southern Ohio Healthcare Network (collectively, the “Ad Hoc Healthcare Group”), Amicus Curiae, represented by James Urquhart Troup
Oglala Sioux Tribe, Amicus Curiae, represented by Mario Gonzalez
Pacific Legal Foundation, Amicus Curiae, represented by Luke Anthony Wake
Professor Chad Squitieri, Amicus Curiae, represented by Andrew S. Tulumello
Public Citizen, Amicus Curiae, represented by Nicolas Anthony Sansone
Public Knowledge, Affordable Broadband Campaign, Chamber of Progress, Common Sense Media, and Communications Workers of America, Amicus Curiae, represented by John David Bergmayer
Reason Foundation, Amicus Curiae, represented by Alexander Volokh
Reed Smith LLP, Amicus Curiae, represented by Kyle Oliver Sollie
Southeastern Legal Foundation, Amicus Curiae, represented by Braden Heath Boucek
State of Alaska, Amicus Curiae, represented by Laura Emily Wolff
State of West Virginia, 14 Other States, and the Arizona Legislature, Amicus Curiae, represented by Michael Ray Williams
TechFreedom, Amicus Curiae, represented by Corbin Knight Barthold
The Buckeye Institute, Amicus Curiae, represented by David Christian Tryon
The Foundation for Government Accountability, Amicus Curiae, represented by David Jonathan Craig
The Lawyers' Committee For Civil Rights Under Law and Eleven Organizations, Amicus Curiae, represented by Marc Philip Epstein
The Software & Information Industry Association, Amicus Curiae, represented by Stephen I. Vladeck
WTA – Advocates for Rural Broadband, Amicus Curiae, represented by Michael Francis Smith