Key insights
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1
Carriers argue FCC fines deny a guaranteed jury trial path: Verizon argued that paying the fine is required to guarantee judicial review, while obtaining a jury trial requires refusing to pay and waiting for a DOJ collection lawsuit that may never be filed.
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2
Government argues existing Supreme Court precedents allow agency penalties with later jury review: The Trump administration cited Supreme Court rulings from 1899 and 1915 to argue that jury trials can occur at a later stage, including on appeal from an initial agency decision.
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3
Supreme Court ruling is expected to affect T-Mobile’s parallel dispute: The Supreme Court is hearing only the AT&T and Verizon cases, and the outcome is stated to affect T-Mobile’s case, where T-Mobile is seeking rehearing in the District of Columbia Circuit.
Takeaways
The Supreme Court will hear consolidated challenges that could determine whether the FCC can impose monetary fines without guaranteeing a jury trial at the agency stage.
Topics
World & Politics Policy & Regulation Law & Public Safety Courts