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Decided

Verizon Communications Inc. v. Federal Communications Commission

Docket No.25-567
Op. Below2d Cir.
ArgumentApr 21, 2026

Holding

Because forfeiture orders issued under 47 U.S.C. §503(b)(4) do not definitively resolve the parties’ legal obligations, and the FCC’s factual findings in its forfeiture proceedings are not conclusive, it does not violate the Seventh Amendment for the FCC to issue forfeiture orders without the involvement of a jury.

Judgment

Affirmed, 8-1, in an opinion by John Roberts on Jun 4, 2026. Justice Thomas wrote a dissenting opinion.

Vote

8
1
RobertsAlitoSotomayorKaganGorsuchKavanaughBarrettJackson
Thomas

Proceedings & orders timeline

Nov 6, 2025
Petition for a writ of certiorari filed. (Response due December 12, 2025)
Dec 9, 2025
Brief of respondents Federal Communications Commission, et al. filed.
Dec 11, 2025
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioners.
Dec 12, 2025
Brief amicus curiae of Chamber of Commerce of the United States of America filed. (Distributed)
Dec 12, 2025
Brief amicus curiae of CTIA - The Wireless Association filed. (Distributed)
Dec 16, 2025
DISTRIBUTED for Conference of 1/9/2026.
Jan 9, 2026
Petition GRANTED. The petition for a writ of certiorari in No. 25-406 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Jan 9, 2026
Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 25-406. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 25-406. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Feb 11, 2026
SET FOR ARGUMENT on Tuesday, April 21, 2026. VIDED.
Feb 18, 2026
Record requested from the United States Court of Appeals for the Second Circuit.
Feb 23, 2026
Record received electronically from the United States Court of Appeals for the Second Circuit and available with the Clerk.
Mar 17, 2026
Record received electronically from the Federal Communications Commission and available with the Clerk.
Mar 30, 2026
CIRCULATED
Apr 21, 2026
Argued. For AT&T, Inc. and Verizon Communications Inc.: Jeffrey B. Wall, Washington, D. C. For FCC, et al.: Vivek Suri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. VIDED.
Jun 4, 2026
Adjudged to be AFFIRMED. No. 25-406, judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Alito, Sotomayor, Kagan, Gorsuch, Kavanaugh, Barrett, and Jackson, JJ., joined. Thomas, J., filed a dissenting opinion. VIDED.
Jun 29, 2026
Petition for Rehearing filed.
Jul 6, 2026
Judgment Issued.
Jul 6, 2026
Judgment Withdrawn. The judgment issued on July 6, 2026 issued in error. See Rule 45.
Jul 23, 2026
DISTRIBUTED.
Aug 17, 2026
Rehearing DENIED.
Aug 17, 2026
Judgment Issued.

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