GOP Attorneys General Urge Supreme Court Against USF

WASHINGTON, Feb. 20, 2025 – A coalition of Republican attorneys general from 15 states urged the Supreme Court Tuesday to find an $8 billion-per-year broadband subsidy unconstitutional. They argued the court should make it harder for Congress to delegate broad power to regulatory agencies.

“Yes, the Universal Service Fund serves some important purposes. But those purposes cannot trump constitutional precepts,” the attorney generals wrote in an amicus brief filed Tuesday. The group was led by West Virginia Attorney General John McCuskey.

It was one of nineteen such briefs submitted the same day by conservative legal groups and academics, including the Cato Institute, Americans for Prosperity, the Firearms Policy Coalition, America First Legal, and others. All but one urged justices to find the fund unconstitutional.