No. 23-456
 
Title: Consumers' Research, et al., Petitioners
v.
Federal Communications Commission, et al.
Docketed: October 31, 2023
Linked with: 23A88
Lower Ct: United States Court of Appeals for the Sixth Circuit
   Case Numbers: (21-3886)
   Decision Date: May 4, 2023
   Rehearing Denied: May 30, 2023
 
Proceedings and Orders
Jul 26 2023 Application (23A88) to extend the time to file a petition for a writ of certiorari from August 28, 2023 to October 27, 2023, submitted to Justice Kavanaugh.
Main Document Lower Court Orders/Opinions Proof of Service
Aug 01 2023 Application (23A88) granted by Justice Kavanaugh extending the time to file until October 27, 2023.
Oct 27 2023 Petition for a writ of certiorari filed. (Response due November 30, 2023)
Petition Certificate of Word Count Proof of Service
Nov 17 2023 Brief amicus curiae of TechFreedom filed.
Main Document Certificate of Word Count Proof of Service
Nov 20 2023 Motion to extend the time to file a response from November 30, 2023 to January 2, 2024, submitted to The Clerk.
Main Document
Nov 22 2023 Motion to extend the time to file a response is granted and the time is extended to and including January 2, 2024, for all respondents.
Nov 22 2023 Motion of Schools, Health & Libraries Broadband Coalition, et al. to extend the time to file a response from November 30, 2023 to January 2, 2024, submitted to The Clerk.
Main Document
Nov 27 2023 Motion to extend the time to file a response is granted and the time is extended to and including January 2, 2024, for all respondents.
Nov 30 2023 Brief amici curiae of Competitive Enterprise Institute, et al. filed.
Main Document Certificate of Word Count Proof of Service
Nov 30 2023 Brief amicus curiae of Americans for Prosperity Foundation filed.
Main Document Certificate of Word Count Proof of Service
Nov 30 2023 Brief amicus curiae of New Civil Liberties Alliance filed.
Main Document Proof of Service Certificate of Word Count
Dec 13 2023 Motion to extend the time to file a response from January 2, 2024 to February 1, 2024, submitted to The Clerk.
Main Document
Dec 15 2023 Motion to extend the time to file a response is granted and the time is further extended to and including February 1, 2024, for all respondents.
Jan 11 2024 Motion to extend the time to file a response from February 1, 2024 to March 4, 2024, submitted to The Clerk.
Main Document
Jan 12 2024 Motion to extend the time to file a response is granted and the time is further extended to and including March 4, 2024, for all respondents.
Feb 12 2024 Motion to extend the time to file a response from March 4, 2024 to April 3, 2024, submitted to The Clerk.
Main Document
Feb 13 2024 Motion to extend the time to file a response is granted and the time is further extended to and including April 3, 2024, for all respondents.
Mar 11 2024 Motion to extend the time to file a response from April 3, 2024 to May 3, 2024, submitted to The Clerk.
Main Document
Mar 12 2024 Motion to extend the time to file a response is granted and the time is further extended to and including May 3, 2024, for all respondents.
May 03 2024 Brief of respondents Federal Communications Commission, et al. in opposition filed. VIDED.
Main Document Proof of Service
May 03 2024 Brief of respondents Schools, Health & Libraries Broadband Coalition, et al. in opposition filed. VIDED.
Main Document Certificate of Word Count Proof of Service
May 21 2024 DISTRIBUTED for Conference of 6/6/2024.
May 21 2024 Reply of petitioners Consumers' Research, et al. filed. VIDED. (Distributed)
Main Document Proof of Service Certificate of Word Count
Jun 10 2024 Petition DENIED.
Jun 18 2024 Petition for Rehearing filed.
Main Document Certificate of Word Count Proof of Service
Jun 27 2024 DISTRIBUTED.
Jul 25 2024 Supplemental brief of petitioners Consumers' Research, et al. filed. VIDED.
Main Document Certificate of Word Count Proof of Service
Sep 11 2024 DISTRIBUTED for Conference of 9/30/2024.
Sep 19 2024 Rescheduled.
Oct 07 2024 DISTRIBUTED for Conference of 10/11/2024.
Oct 08 2024 Rescheduled.
Oct 30 2024 DISTRIBUTED for Conference of 11/15/2024.
Nov 18 2024 DISTRIBUTED for Conference of 11/22/2024.
Jun 26 2025 DISTRIBUTED for Conference of 6/26/2025.
Jun 30 2025 Rehearing DENIED.
Attorneys
Attorneys for Petitioners
R. Trent McCotter
Counsel of Record
Boyden Gray PLLC
801 17th Street, N.W.
Suite 350
Washington, DC 20006

tmccotter@boydengray.com
Ph: 202-706-5488
Party name: Consumers' Research, et al.


Attorneys for Respondents
Jason Edward Neal
Counsel of Record
HWG LLP
1919 M Street NW
8th Floor
Washington, DC 20036

jneal@hwglaw.com
Ph: 202-796-0994
Party name: Schools, Health & Libraries Broadband Coalition


D. John Sauer
Counsel of Record
Solicitor General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

SUPREMECTBRIEFS@USDOJ.GOV
Ph: 202-514-2217
Party name: FCC, et al.


Jennifer Beth Tatel
Counsel of Record
Wilkinson Barker Knauer LLP
1800 M Street NW
Suite 800N
Washington, DC 20036

JTATEL@WBKLAW.COM
Ph: 2023833344
Party name: USTelecom – The Broadband Association; National Telecommunications Cooperative Association d/b/a NTCA – The Rural Broadband Association; Competitive Carriers Association


Other Attorneys
Corbin Knight Barthold
Counsel of Record
TechFreedom
1500 K Street NW
Washington, DC 20005

CBARTHOLD@TECHFREEDOM.ORG
Ph: 7712004997
Party name: TechFreedom


Jeffrey Steven Beelaert
Counsel of Record
Stein Mitchell Beato & Missner LLP
2000 K Street NW
Suite 600
Washington, DC 20006

jbeelaert@steinmitchell.com
Ph: (202) 737-7777
Party name: Competitive Enterprise Institute, Free State Foundation, Christopher C. DeMuth, Harold Furchtgott-Roth, Michael S. Greve, Randolph J. May


Markham Sterling Chenoweth
Counsel of Record
New Civil Liberties Alliance
1225 19th Street NW
Suite 450
Washington, DC 20036

MARK.CHENOWETH@NCLA.ONMICROSOFT.COM
Ph: 2028695210
Party name: New Civil Liberties Alliance


Michael David Pepson
Counsel of Record
Americans for Prosperity Foundation
4201 Wilson Blvd., Ste. 1000
Arlington, VA 22203

mpepson@afphq.org
Ph: 5713294529
Party name: Americans for Prosperity Foundation


Andrew Jay Schwartzman
Counsel of Record
Andrew Jay Schwartzman
525 9th Street NW
Seventh Floor
Washington, DC 20004

andyschwartzman@gmail.com
Ph: 2022412408
Party name: Benton Institute for Broadband & Society, National Digital Inclusion Alliance, Center for Media Justice dba MediaJustice