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Biden Administration Appeals 5th Circuit's Nondelegation Ruling to Supreme Court
The stage appears to be set for the justices to grant review, given that the Sixth and Eleventh Circuits have rejected nondelegation challenges, thus creating the type of "circuit split" that increases the chances of Supreme Court intervention.
October 01, 2024 at 06:12 PM
4 minute read
The original version of this story was published on National Law Journal
A potentially explosive administrative law case landed at the U.S. Supreme Court this week with the Biden administration's appeal of a decision that struck down as unconstitutional aspects of a Federal Communications Commission funding program designed to improve internet and phone services in underserved areas.
The U.S. Department of Justice has filed a petition asking the justices to review the conservative U.S. Court of Appeals for the Fifth Circuit's ruling that the Univeral Service Fund is subsidized by a "misbegotten tax" imposed by the FCC and a private fund administrator on Americans' phone and internet use.
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