Broadband Advocates Respond to Supreme Court Arguments on USF
Washington, D.C. (March 26, 2025) – Today, the Supreme Court heard oral arguments in the consolidated cases Nos. 24-354 and 24-422, which will determine the future of the Universal Service Fund (USF) and the federal government’s ability to ensure affordable broadband access.
The Schools, Health & Libraries Broadband (SHLB) Coalition—a party to the case—and allied organizations, including the Benton Institute for Broadband & Society, the National Digital Inclusion Alliance (NDIA), and MediaJustice, responded to the day’s proceedings with a renewed commitment to protecting critical access to affordable, robust broadband for anchor institutions and their communities.
“We stood before the Supreme Court today to defend the right of every student, veteran, worker, and senior to stay connected in the digital age," said Joseph Wender, Executive Director of the SHLB Coalition. "The Universal Service Fund has been a cornerstone of digital opportunity for decades—supporting programs like E-Rate for schools and libraries and the Rural Health Care program for clinics and hospitals. After sitting in the courtroom today and listening to oral arguments, we feel cautiously optimistic that the majority of Justices will agree that the long-standing, bipartisan USF is constitutional and should continue to ensure no community is left behind for decades to come.”
"The oral arguments today confirmed what we’ve long known: the Universal Service Fund is critical to delivering education, healthcare, and economic opportunity," said Adrianne Furniss, Executive Director of the Benton Institute for Broadband & Society. "Congress gave the FCC clear authority to fulfill the promise of universal connectivity."
“NDIA’s 2000+ affiliates work tirelessly to ensure their community members can apply for jobs, take classes from home, talk to their doctors virtually, and stay connected with their loved ones,” said Amy Huffman, Policy Director, National Digital Inclusion Alliance. “Without the USF, more residents will be left on the wrong side of the digital divide, reducing the US’ ability to compete in a global economy.”
In this case, the Supreme Court granted certiorari to only two petitioners—SHLB and the U.S. Solicitor General—underscoring the national significance of the questions presented. At issue is whether the FCC has the constitutional authority to administer the USF, which provides billions of dollars annually to support broadband access in schools, libraries, healthcare facilities, and underserved communities. See our petitioner's brief here and reply to learn more about SHLB's position.
A decision is expected by the end of the Court’s term in June 2025.
SHLB will host a webinar on April 2 at 2 PM ET to debrief the SCOTUS oral arguments on the Universal Service Fund. Register here.
View our fact sheet here and March 26 press conference recording for additional background on the case and its impact.
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About SHLB: The SHLB Coalition is a nonprofit 501(c)(3) advocacy organization that supports open, affordable, high-quality broadband connections for anchor institutions and their surrounding communities. The SHLB Coalition is based in Washington, D.C., and has a diverse membership of commercial and non-commercial organizations across the United States. To learn more, visit www.shlb.org.
About The Benton Institute for Broadband & Society: The Benton Institute for Broadband & Society works to ensure that all people in the United States have access to affordable, high-performance broadband—regardless of where they live or who they are.
About The National Digital Inclusion Alliance (NDIA): NDIA advances digital equity by supporting a community of affiliates who work daily to promote broadband access, affordability, and digital skills across the country.