FCC Asking Supreme Court to Overturn Fifth Circuit’s AT&T Fine Ruling

WASHINGTON, Oct. 9, 2025 – The Federal Communications Commission is asking the Supreme Court to reverse a recent decision that tossed out a $57 million fine against AT&T, saying the precedent would leave the agency unable to enforce many of its rules.

“The Fifth Circuit’s holding that the Section 504 enforcement procedure is unconstitutional leaves the FCC with no alternative avenue for seeking monetary penalties, seriously impairing the agency’s ability to enforce” the Communications Act, the FCC and Justice Department attorneys wrote in a petition filed Friday.

The Fifth Circuit held in April that the FCC’s process for issuing fines violated the Seventh Amendment right to a jury trial, saying it was guided by recent Supreme Court precedent. Justices said in June of last year in SEC v Jarkesy that the Securities and Exchange Commission couldn’t levy civil penalties without a jury trial.