Episode
Oral Argument: FCC v. AT&T
- Podcast
- The High Court Report
- Published
- Apr 21, 2026
- Duration seconds
- 5166
- Processing state
not_requested- Canonical source
- https://thehighcourtreport.com//oral-argument-fcc-v-att
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Summary
FCC v. AT&T, Inc., consolidated with Verizon Communications Inc. v. FCC | Case Nos. 25-406 & 25-567 | Docket Links: Here and Here Oral Advocates: Petitioners (AT&T, Inc. and Verizon Communications Inc.): Jeffrey B. Wall of Sullivan & Cromwell LLP Respondents (FCC): Vivek Suri of the Department of Justice Question Presented: Whether the Communications Act violates the Seventh Amendment and Article III by authorizing the FCC to order payment of monetary penalties for failing to safeguard customer data, without guaranteeing carriers a jury trial. Overview: A Missouri sheriff exploited AT&T's and Verizon's location-data programs to track hundreds of people without consent. The FCC ordered AT&T to pay $57.3 million and Verizon $46.9 million — through in-house proceedings offering no jury — raising the question whether those proceedings violate the Seventh Amendment's guarantee of a jury trial in suits at common law. Posture: Fifth Circuit vacated AT&T's penalty; Second and D.C. Circuits upheld Verizon's and Sprint's. Supreme Court consolidated and granted cert January 9, 2026. Main Arguments: • AT&T and Verizon: (1) FCC forfeiture proceedings constitute "Suits at common law" demanding a jury before any final liability order enters; (2) The back-end Section 504 jury option fails — no carrier received a jury trial in 47 years under this scheme; (3) The scheme unconstitutionally conditions jury-trial rights on defying a final federal order and risking operating licenses. • FCC and United States: (1) FCC forfeiture orders impose no binding legal obligation — a carrier may lawfully do nothing after receiving one; (2) The Seventh Amendment right attaches at the collection suit, where carriers receive a full de novo jury trial under Section 504(a);…