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En Banc Fifth Circuit Strikes Down FCC’s
Universal-Service Tax as Unconstitutional Delegation

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Posted By: Dreadnought, 7/24/2024 3:11:39 PM

In a ruling today in Consumers’ Research v. FCC, the en banc Fifth Circuit ruled by a vote of 9 to 7 that the multi-billion dollar Universal Service Fund tax levied by the Federal Communications Commission rests on an unconstitutional combination of delegations and subdelegations of Congress’s legislative power. Judge Andrew Oldham wrote the majority opinion for nine judges. Judge Jennifer Elrod and Judge James Ho each wrote short concurring opinions. Judge Carl Stewart wrote the principal dissent for all seven dissenters. Judge Stephen Higginson also wrote a dissent.

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Reply 1 - Posted by: Mushroom 7/24/2024 3:25:54 PM (No. 1765392)
I hope this is the beginning of MANY valves shut off to our wasteful bureaucracy.
21 people like this.

Reply 2 - Posted by: chumley 7/24/2024 3:49:04 PM (No. 1765407)
I always hated having to pay to get into parks, when my taxes pay for them in the first place. Either rob my paycheck or rob me at the gate, but not both.
16 people like this.

Reply 3 - Posted by: DVC 7/24/2024 4:01:44 PM (No. 1765417)
Two Supreme Court rulings have set this in motion. EPA vs West Va and the one dumping "Chevron deference". Both start the process of undoing massive bureaucratic overreach. It will take many more cases, but they will likely go like this. Bureaucrats CANNOT lay taxes on their own say-so.
14 people like this.

Reply 4 - Posted by: Ida Lou Pino 7/24/2024 4:16:29 PM (No. 1765446)
This particular tax was being made up and imposed by a guy named Fred - - who has a pot belly and a combover. How could that possibly be unconstitutional?
9 people like this.

Reply 5 - Posted by: MsMontana 7/24/2024 4:23:39 PM (No. 1765456)
Soooooo…are customers getting a refund?
12 people like this.

Reply 6 - Posted by: sw penn 7/24/2024 4:26:22 PM (No. 1765459)
By 9 to 7 the little soviet decided. America is not suppose to be governed by little committees...
8 people like this.

Reply 7 - Posted by: Jethro bo 7/24/2024 5:45:05 PM (No. 1765485)
This is headed to the Supreme Joke. The looney leftist can't wait to convince Roberts that federal agencies have the power to determine taxes, levy taxes and enforce tax payments.
6 people like this.

Reply 8 - Posted by: volksford 7/24/2024 6:07:31 PM (No. 1765493)
Been a scam since day ONE...a universal tax to be sure that everyone had access to telecom services since divestiture , naturally we still pay the tax long after the whole damn country has access to the world . More damn money in their pockets and some more bureaucrats employed.
11 people like this.

Reply 9 - Posted by: Starboard_side 7/24/2024 6:59:06 PM (No. 1765515)
Maybe this is how many bureaucrats end up finding there is no funding source to maintain their job. Maybe Congress will have to start to do their actual job and not defer to un-elected and un-accountable agencies to figure out the details which provides them cover.
7 people like this.

Reply 10 - Posted by: DVC 7/24/2024 10:33:18 PM (No. 1765633)
I want a 100% refund.
2 people like this.

Reply 11 - Posted by: sunset 7/25/2024 12:55:41 AM (No. 1765671)
I hope the lawsuits against unjust enrichment have already been written. Seems every land line and cell phone account has several of these sort of taxes and surcharges included with the bill.
3 people like this.

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