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