15 Republican AGs Urge The Supreme Court To Make Providing Affordable Broadband To Poor People Illegal

from the this-is-why-we-can't-have-nice-things dept

The FCC runs an $8 billion federal subsidy program to help bring phone and broadband services to lower income homes and schools called the Universal Service Fund. The program was historically a bipartisan thing, until the extremist Trump administration came to town.

Driven by a fake right wing consumer group called “Consumers’ Research,” the Trumplican-stacked Fifth Circuit court of appeals recently took the radical step of ruling the entire program unconstitutional. The ruling, which ignored past Fifth Circuit and Supreme Court precedent, effectively declared the USF an unconstitutional, illegal tax, something seven court dissenters said was a preposterous leap.

Now the Supreme Court has stated they’ll hear the case, which will ultimately determine whether federal efforts to expand broadband access to poor, rural neglected communities is effectively illegal or not.

Not too surprisingly, 15 MAGA loyal Attorneys General, apparently with nothing better to do, have thrown their support behind the effort to effectively make helping poor people afford broadband illegal:

“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.”

This is, of course, part of the broader radical Trump administration’s attempt to dismantle any sort of coherent federal governance, regardless of any sort of real world harm. This is, as we’ve noted previously, about eliminating all oversight of billionaires and corporations. But it’s routinely dressed up as some sort of noble constitutional battle by serious, good faith individuals.

“Yes, the Universal Service Fund serves some important purposes. But those purposes cannot trump constitutional precepts,” the attorney generals wrote in their amicus brief.

But nobody actually supports this outside of a handful of extremist far-right wingers. Even traditional GOP telecom allies and former Trump FCC boss Ajit Pai think this is a bad idea. And again, this case only exists due to a lawsuit by a fake consumer group named Consumers’ Research, whose website encourages people to report “woke” companies for making bare-bone efforts at empathy and inclusivity.

The U.S. Supreme Court will hear oral arguments on March 26. It’s hard to say whether this is too extreme for even our extreme, Trump-loyal Supreme Court. If the Supreme Court declares the USF illegal, this could be leveraged to justify congressional “reform” of the program. But because Congress is broken and corrupt, it won’t be real reform. It will be corruption-fueled bullshit.

The Trump FCC’s idea of “reform” of the USF is to basically impose a massive new tax on Google and Netflix. That will drive up the cost of your streaming and other tech service bills, purportedly under the pretense of funding broadband and “bridging the digital divide.” But under Republican management I strongly suspect this will be little more than a slush fund for regional telecom monopolies like AT&T.

At the same time, the Trump administration and its loyal courts are dismantling the entirety of federal consumer protection at agencies like the FTC and FCC, ensuring regional telecom giants like Comcast, AT&T, Verizon, and Charter can rip you off with zero real repercussions. What could possibly go wrong?

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Comments on “15 Republican AGs Urge The Supreme Court To Make Providing Affordable Broadband To Poor People Illegal”

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This comment has been deemed insightful by the community.
That One Guy (profile) says:

How many of those AG's are against DOGE I wonder...

They argued the court should make it harder for Congress to delegate broad power to regulatory agencies.”

Damn right, don’t they know the only valid way to delegate broad powers is to simply declare an agency’s existence, assert that it has unlimited power and no checks, and then let it do whatever it wants?

n00bdragon (profile) says:

I think this is the natural result of how things are set up with the USF. Suppose you are unhappy with the funding of the USF. Maybe you think it charges too much money. Maybe you think it charges too little. How would you go about changing that? The USAC is a nonprofit created by, but not managed by the FCC. There is no apparent lever that anyone can use to influence that, which seems odd for an organization that is allowed to legally demand money for things.

Anonymous Coward says:

Re:

Well, its power is the result of delegation by the FCC. I don’t see why you think the FCC could not, through normal rulemaking process, revoke that delegation.

The USAC still answers to congress, and every action it takes is as subject to congressional oversight and a nullifying vote as any FCC matter.

Im not sure where you get this perception of USAC as unaccountable and uninfluenceable.

That One Guy (profile) says:

Re:

Eh, the current setup is working out as effectively that where the WH orders whatever it wants via royal decrees/EO’s and congress sits back and watches in silence, so there’s not really a need to rip that particular mask off just yet.

Now, should the mid-terms happen and sanity prevail and congress flips over to a democrat majority…

This comment has been flagged by the community. Click here to show it.

Stephen T. Stone (profile) says:

Re: Re:

Koby is a professional contrarian. For that act to hold water, anything good must be bad and anything bad must be good. I guarantee he’s the kind of person who would say that the measles death of that kid in Texas because of lowered vaccination rates allowing a measles outbreak to happen (which is partially to blame on anti-vax rhetoric from people like RFK Jr.) is a good thing because “it’s weeding out the weak”. Doesn’t matter if he believes that sort of shit, even though he might. His whole schtick is about saying the opposite of whatever popular sentiment (or the truth) is being talked about here. If he can’t be that, he can’t be anything, because he has no actual insight to share or a sense of humor that isn’t rooted in punching down at the marginalized.

Koby would be better off leaving this site and going somewhere that welcomes⁠—and even celebrates⁠—his spite for both non-conservatives and marginalized peoples. Is Truth Social still open to new sign-ups?

This comment has been flagged by the community. Click here to show it.

Koby (profile) says:

Re: Re: Re:

I’ve read Techdirt for a long time, and agreed with many of the old time principles, particularly concerning copyright and trademark law. Unfortunately, some folks have contracted TDS/EDS and are now too hateful to consider any slightly opposing viewpoints. I’m willing to hear the case against Nondelegation principles established by the supreme court, or the merits of a private company establishing tax rates. But if the article authors can’t do that, then I’m going to continue speaking out on the legalities. And when there’s no good response, it typically means the trial outcome was correct.

This comment has been deemed insightful by the community.
MrWilson (profile) says:

Re: Re: Re:2

Unfortunately, some folks have contracted TDS/EDS and are now too hateful to consider any slightly opposing viewpoints.

Imagine suggesting that being upset by the greedy, dictatorial, capricious, ignorant actions of the most powerful elected official and his unelected wealthiest co-conspirator is “derangement.” The fact that you agree with their actions doesn’t make opposing them to be the same thing as derangement. Trump’s decisions have had tangible negative effects on the lives of hundreds of thousands of people, including increased deaths from downplaying Covid if you just want an simple answer, but there are thousands of other examples.

You’re actively (and confidently ignorantly) supporting unconstitutional acts as well as genocide (which isn’t just mass murder but includes separating children from their parents as Trump has already done en masse). There’s no slight opposing viewpoint. You’ve veered far right into authoritarianism and you’re pretending everyone left of you went crazy. We haven’t changed. Our values and viewpoints haven’t changed. We’ve always opposed these immoral, unethical, and unconstitutional acts. At best you’re saying you’ve always been an authoritarian sycophant and this is just your time to shine.

This comment has been deemed insightful by the community.
Stephen T. Stone (profile) says:

Re: Re: Re:2

some folks have contracted TDS/EDS

Which seems more deranged: Treating Trump and Musk like they’re self-centered assholes who are doing immense damage to the country and its institutions and credibility, or treating Trump and Musk like they can do no wrong and everything they do is above criticism?

and are now too hateful to consider any slightly opposing viewpoints

Has it ever occured to you that plenty of people here have heard those “opposing viewpoints”, considered them, rejected them as bullshit, and grown weary of people like you demanding (often in bad faith) that those viewpoints be taken seriously anyway?

Also: I find it…telling that you didn’t address my claim about that measles death.

Anonymous Coward says:

Re:

Legal arguments like randomly ignoring stare decisis and supporting baseless cases that don’t even have legitimate plaintiffs?

Ad hominem attacks here are perfectly reasonable due to the current scotus being an embarrassment. If you don’t think so you have not actually been following any of their rulings and dissents with any degree of competence.

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