The Supreme Court just upheld an FCC subsidy for low-cost telephone and internet services in libraries and schools.
NEW: In FCC v. Consumers' Research, a case about a federal program that subsidizes telephone and high-speed internet services in schools, libraries, rural areas, and low-income communities in urban areas, the court holds that the funding structure does not violate the…
— SCOTUSblog (@SCOTUSblog) June 27, 2025
“…does not violate the nondelegation doctrine.”
Amy Howe writes:
This was the challenge to the federal program that subsidized low-cost telephone and internet services in, for example, rural areas and for libraries and schools.
It holds that neither Congress’s delegation of power to the FCC or the FCC’s delegation of power to the private corporation violated a theory known as the nondelegation doctrine.
In other words, the subsidy stands.
Justices Gorsuch, Alito and Thomas dissent.
The 6-3 decision is from Justice Kagan. Justice Gorsuch filed a dissenting opinion, joined by Justices Alito and Thomas. https://t.co/CPEeO24F1p
— SCOTUSblog (@SCOTUSblog) June 27, 2025