Parrish v. United States
In Parrish v. United States, the Supreme Court will address a procedural issue—with potentially serious jurisdictional consequences—regarding the timing of appeals. Typically, litigants must file a notice of appeal within 30 or 60 days of an adverse judgment under 28 U.S.C. § 2107(a)-(b). However, under 28 U.S.C. § 2107(c) and
Congress authorized the Federal Communications Commission (FCC) to establish and implement universal service subsidy programs to promote affordable and reliable nationwide communications services funded by mandatory contributions from telecommunications carriers. 47 U.S.C. § 254. As part of the regulatory scheme to implement its programs, the FCC appointed the Universal Service Administrative Company (USAC), a private company, to administer the programs. Among its tasks, the USAC calculates projections used in computing universal service contribution rates (a tax determined by a private entity according to the Fifth Circuit), which the FCC may adopt.
Continue Reading Grant Alert: The Court Continues To Scrutinize the Administrative State but Questions the Claimed Procedural Laxity of Challenges to Agency Action