ELR Citation: 56 ELR 20077
No(s). 25-406 (U.S. Jun 4, 2026)

The U.S. Supreme Court, 8-1, held the Federal Communications Commission (FCC) did not violate the Seventh Amendment by issuing forfeiture orders without the involvement of a jury in two cell service providers' challenge to the FCC's process for imposing sanctions for violations of federal telecommunications laws. The providers petitioned for review of FCC orders assessing penalties against them for mishandling confidential customer location data. The Court found the orders at issue did not settle the carriers' legal obligations because they did not create an obligation to pay, and did not reflect the ultimate determination of any fact because the government was required to prove its case to a jury before the carriers could have been made to pay. Because orders issued under §503(b)(4) of the Communications Act do not definitely resolve the parties' legal obligations and the Commission's factual findings were not conclusive, it did not offend the Constitution to issue forfeiture orders without the involvement of a jury. The Court reversed and remanded for further proceedings. Roberts, C.J., delivered the opinion of the Court, in which Alito, Sotomayor, Kagan, Gorsuch, Kavanaugh, Barrett, and Jackson, JJ., joined. Thomas, J., filed a dissenting opinion.