Appeals Court Grants FCC Request to Pause USF Challenge

WASHINGTON, November 5, 2025 – The Fifth Circuit Court of Appeals on Tuesday paused proceedings in the latest case targeting the federal Universal Service Fund. 

The court granted a request filed Friday by the Federal Communications Commission to stay proceedings in Consumers’ Research v. FCC while the Justice Department and the FCC remain unfunded during the ongoing federal government shutdown.

The government shutdown “has effectively eliminated the ability of counsel who have worked on and are familiar with this case to handle the litigation while the lapse in appropriations continues,” wrote FCC counsel Jacob Lewis in the agency’s Oct. 31 motion.