Supreme Court delivers rare win for federal agency power in broadband case

On June 27, 2025, the Supreme Court ruled 6–3 to uphold the Universal Service Fund and its broadband subsidy program.

The Court applied the “intelligible principle” standard, finding that Congress provided adequate guidance for the Federal Communications Commission to administer the Fund.

Consumers Research challenged the Fund under the nondelegation doctrine, arguing that user fees assessed on telecommunications services amounted to an improper delegation of taxing power.

Chief Justice John Roberts and Justice Brett Kavanaugh joined the four liberal justices in the majority, forming a bipartisan coalition to protect universal broadband access.

The decision was described as a rare victory for federal agency authority during a period in which the Court has limited regulatory power in other contexts.