CONSUMERS' RESEARCH v. FED. COMMUNICATIONS COMM'N

No. 22-60008.

109 F.4th 743 (2024)

CONSUMERS' RESEARCH; Cause Based Commerce, Incorporated; Kersten Conway; Suzanne Bettac; Robert Kull; Kwang Ja Kerby; Tom Kirby; Joseph Bayly; Jeremy Roth; Deanna Roth; Lynn Gibbs; Paul Gibbs; Rhonda Thomas, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION; United States of America, Respondents.

United States Court of Appeals, Fifth Circuit.

FILED July 24, 2024.


Attorney(s) appearing for the Case

R. Trent McCotter, Jared Kelson, Boyden Gray, P.L.L.C., Washington, DC, for Petitioners, Consumers' Research, Cause Based Commerce, Incorporated, Kersten Conway, Suzanne Bettac, Robert Kull, Kwang Ja Kerby, Tom Kirby, Joseph Bayly, Jeremy Roth, Deanna Roth, Lynn Gibbs, Paul Gibbs, Rhonda Thomas.

James Michael Carr, Esq., Counsel, P. Michele Ellison, Jacob Matthew Lewis, Associate General Counsel, Federal Communications Commission, Merrick Garland, U.S. Attorney General, Attorney General, U.S. Department of Justice, Washington, DC, for Respondent Federal Communications Commission.

Gerard J. Sinzdak, Merrick Garland, U.S. Attorney General, Attorney General, U.S. Department of Justice, P. Michele Ellison, Federal Communications Commission, Washington, DC for Respondent United States of America.

Andrew Jay Schwartzman, Washington, DC, for Intervenors Benton Institute for Broadband & Society, National Digital Inclusion Alliance, Center for Media Justice, doing business as MediaJustice.

Jason Neal, Washington, DC, for Intervenor Schools, Health & Libraries Broadband Coalition.

Jennifer Tatel, Craig Edward Gilmore, Esq., Wilkinson, Barker & Knauer, L.L.P., Washington, DC for Intervenors USTelecom — The Broadband Association, National Telecommunications Cooperative Association, doing business as NTCA — The Rural Broadband Association, Competitive Carriers Association.

Jeffrey Steven Beelaert, Stein Mitchell Beato & Missner, L.L.P., Washington, DC, for Amici Curiae Competitive Enterprise Institute, Free State Foundation, Christopher DeMuth, Harold Furchtgott-Roth, Michael S. Greve, Randolph J. May.

Kaitlyn Schiraldi, New Civil Liberties Alliance, Washington, DC, for Amicus Curiae New Civil Liberties Alliance.

Corbin Barthold, TechFreedom, Washington, DC, for Amicus Curiae TechFreedom.

Gregory Guice, Counsel, Public Knowledge, Washington, DC, for Amicus Curiae Public Knowledge.

Eric P. Gotting, James Beller, Keller & Heckman, L.L.P., Washington, DC, for Amicus Curiae Emeritus Professor Robert Frieden.

David Morris Gossett, Davis Wright Tremaine, L.L.P., Washington, DC, MaryAnn T. Almeida, Davis Wright Tremaine, L.L.P., Seattle, WA, Thaila K. Sundaresan, Attorney, Davis Wright Tremaine, L.L.P., San Francisco, CA, for Amicus Curiae. Members of Congress.

Before Richman, Chief Judge, and Jones, Smith, Stewart, Elrod, Southwick, Haynes, Graves, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, and Douglas, Circuit Judges.


ON PETITION FOR REHEARING EN BANC

In the Telecommunications Act of 1996, Congress delegated its taxing power to the Federal Communications Commission. FCC then subdelegated the taxing power to a private corporation...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases