The Consumers’ Research position produces ridiculous outcomes, separated from any affordable understanding of constitutional worths. Under its view, a revenue-raising statute consisting of non-numeric, qualitative requirements can never ever make the cut, no matter how tight the restrictions they enforce. A revenue-raising statute with a numerical limitation will constantly pass muster, even if it efficiently leaves a company with limitless power. In preventing the previous and authorizing the latter, the Consumers’ Research technique not does anything to vindicate the nondelegation teaching or the separation of powers.

The Gorsuch dissent stated the “combination” concern isn’t the choosing element. He stated the only concern that requires to be addressed is whether Congress broke the Constitution by handing over the power to tax to the FCC.

“As I see it, this case begins and ends with the first question. Section 254 [of the Communications Act] impermissibly delegates Congress’s taxing power to the FCC, and knowing that is enough to know the Fifth Circuit’s judgment should be affirmed,” Gorsuch stated.

“Green light” for FCC to support Internet gain access to

In the Gorsuch view, it does not matter whether the FCC surpassed its authority by handing over Universal Service management to a personal administrative business. “As far as I can tell, and as far as petitioners have informed us, this Court has never approved legislation allowing an executive agency to tax domestically unless Congress itself has prescribed the tax rate,” Gorsuch composed.

The FCC and Department of Justice asked the Supreme Court to reverse the 5th Circuit choice. The court likewise got an obstacle from broadband-focused advocacy groups and a number of lobby groups representing ISPs.

“Today is a great day,” stated Andrew Jay Schwartzman, counsel for the Benton Institute for Broadband & the National Digital Inclusion Alliance; and the Center for Media Justice. “We will need some time to sort through the details of today’s decision, but what matters most is that the Supreme Court has given the green light to the FCC to continue to support Internet access to the tens of millions of Americans and the thousands of schools, libraries and rural hospitals that rely on the Universal Service Fund.”

FCC Chairman Brendan Carr applauded the judgment however stated he prepares to make modifications to Universal Service. “I am glad to see the court’s decision today and welcome it as an opportunity to turn the FCC’s focus towards the types of reforms necessary to ensure that all Americans have a fair shot at next-generation connectivity,” Carr stated.