WASHINGTON, DC – Following today’s decision at the Supreme Court in Federal Communications Commission v. Consumers’ Research, a case in which the Supreme Court considered whether a federal law requiring the Federal Communications Commission (FCC) to establish programs making internet access more affordable is unconstitutional under the nondelegation doctrine, Constitutional Accountability Center Deputy Chief Counsel Brian Frazelle issued the following reaction:

In Consumers’ Research, the Supreme Court reversed yet another radical and poorly reasoned decision from the Fifth Circuit. In doing so, the majority simply maintained the longstanding status quo, reaffirming precedent going back more than a century that recognizes Congress’s power to delegate authority to the agencies that do critical work serving the public.

CAC Legal Fellow Margaret Hassel added this reaction:

The Universal Service Fund ensures that libraries, hospitals, and schools have access to the internet. The Fifth Circuit’s decision upended both that important program and existing law that allows Congress to delegate some decisionmaking authority to expert agencies. Although there is no historical evidence supporting the view that the Constitution limits Congress’s power to delegate decisionmaking to the Executive Branch, the Fifth Circuit nonetheless attempted to sharply curtail Congress’s authority. The Court was correct to overturn that erroneous decision.