In a 6-3 decision, the Supreme Court held that the Federal Communications Commission (FCC)’s Universal Service Program (USP) does not violate the nondelegation doctrine. Justice Kagan wrote the majority opinion in FCC v. Consumers’ Research and Schools, Health & Libraries Broadband Coalition v. Consumers’ Research, with Justices Kavanaugh and Jackson filing separate concurrences. Justice Gorsuch dissented, joined by Justices Thomas and Alito.

Continue Reading Decision Alert: Supreme Court Rejects Nondelegation Challenge to FCC’s Universal Service Program

In an 8-1 decision authored by Justice Sotomayor, the Supreme Court in Parrish v. United States held that a litigant who files a notice of appeal after the original appeal deadline—but before a district court formally reopens the appeal period—is not required to file a second notice once the appeal period is reopened.

Continue Reading Decision Alert: Supreme Court Eases Appeal Rules for Litigants Finding Missed Notice Unnecessary After Reopened Period