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Supreme Court Rejects Challenge To FCC Broadband Subsidy Program
The Supreme Court ruled Friday that the FCC's Universal Service Fund can continue operating, rejecting claims that the program's funding mechanism violates the Constitution. In a 6-3 decision written by Justice Elena Kagan, the court found that Congress did not exceed its authority when it enacted t...
In a 6-3 decision written by Justice Elena Kagan, the court found that Congress did not exceed its authority when it enacted the 1996 law establishing the fund and that the FCC could delegate administration to a private corporation. Conservative advocacy group Consumers' Research challenged the structure, arguing that "a private company is taxing Americans in amounts that total billions of dollars every year, under penalty of law, without true governmental accountability." The challengers argued the program violates the "nondelegation doctrine," a conservative legal theory that says Congress has limited powers to delegate its lawmaking authority to the executive branch.
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