# Oral Argument: FCC v. AT&T

Page: https://stenobird.com/podcast/the-high-court-report-7304353/oral-argument-fcc-v-at-t
Text version: https://stenobird.com/podcast/the-high-court-report-7304353/oral-argument-fcc-v-at-t.md
Podcast: [The High Court Report](https://stenobird.com/podcast/the-high-court-report-7304353)
Published: 2026-04-21T19:00:00+00:00
Episode link: https://thehighcourtreport.com//oral-argument-fcc-v-att
Audio file: https://episodes.captivate.fm/episode/4a99b51d-dd68-4f51-95db-cdb81f16d231.mp3
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JSON: https://stenobird.com/v1/public/podcasts/the-high-court-report-7304353/episodes/oral-argument-fcc-v-at-t
Duration seconds: 5166

## Resource

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);…

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## Transcript

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