Supreme Court Appears Open to FCC Fine Orders Being Nonbinding
That would preserve the agency's fine powers, but reduce the force of its forfeiture orders.
WASHINGTON, April 21, 2026 – The Supreme Court wrestled Tuesday over whether the Federal Communications Commission’s process for fining telecom companies violates the U.S. Constitution.
Verizon and AT&T are asking the court to find that the agency is improperly compelling payment without providing companies their right to a jury trial. The FCC has countered the carriers had the option of refusing payment and waiting for a Justice Department collection suit, which does involve a jury.
Justices sought to poke holes in both sides’ arguments, but multiple appeared receptive to the idea that, in the absence of a jury trial, the wireless carriers weren’t legally forced to pay the more than $100 million they were fined.
