The Supreme Court is set to hear a case involving the Federal Communications Commission (FCC) and its authority to administer a program that subsidizes telecommunications services in underserved areas. Conservatives argue that Congress exceeded its authority in setting up the Universal Service Fund, which raises billions of dollars annually to provide phone and internet services to low-income and rural regions. The case also questions whether the FCC can delegate its authority to a private corporation to oversee the fund. The Trump administration, despite its efforts to weaken federal agencies, is defending the FCC in the case. The legal principle at play is the “nondelegation doctrine,” which limits Congress’s ability to delegate lawmaking authority to agencies. Critics argue that restricting agencies’ powers would restore the balance between Congress and the executive branch as outlined in the Constitution. The case has divided lower courts, with challengers arguing that the program amounts to an unauthorized tax. The Biden administration appealed to the Supreme Court after a lower court ruled against the FCC. The Justice Department, under both the Biden and Trump administrations, maintains that while Congress cannot delegate legislative power, it can grant agencies discretion in implementing statutes. The outcome of this case could have significant implications for the powers of government agencies in implementing laws and programs authorized by Congress.
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