[Michlib-l] E-Rate Case Oral Arguments before the US Supreme Court on Wednesday March 26

[Membiela, Clare (MDE)]

Hello:

This is an FYI that on Wednesday March 26, The U.S. Supreme Court will hear oral arguments in the case Federal Communications Commission v. Consumer's Research. This is the case that could impact the E-Rate program for schools and public libraries, as well as other programs funded by the Universal Service Fund. The argument brought by Consumer's Research, a non-profit organization, is that the FCC, which manages and oversees the Universal Service Fund, delegated certain responsibilities to the USF in violation of the nondelegation doctrine (the nondelegation doctrine is a constitutional principle which basically says that one branch or agency of government may not delegate statutory or constitutionally required responsibilities to another branch or agency). The current case is an appeal of a 5th circuit case (the nondelegation doctrine argument is bolstered by the overturning of the Chevron Doctrine which required courts to defer to agency decision making regarding interpretations of their statutory duties and requirements).
Details on the issues in this case can be found Federal Communications Commission v. Consumers' Research - SCOTUSblog<https://www.scotusblog.com/case-files/cases/federal-communications-commission-v-consumers-research/>

A useful summary can also be found https://www.naco.org/news/naco-legal-advocacy-federal-communications-commission-et-al-v-consumers-research-et-al

The Supreme Court live streams oral arguments on its website: https://www.supremecourt.gov/oral_arguments/live.aspx

The session begins at 10:00am EST.

Take care!
Clare


Clare D. Membiela, MLS, J.D.
Library Law Consultant
Library of Michigan
MembielaC at michigan.gov<mailto:MembielaC at michigan.gov>
517-335-8132

The research and resources above are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.

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