In separate cases regarding FCC enforcement powers, the Fifth Circuit ruled that relevant provisions of the Communications Act violated AT&T's right to a jury trial under the Seventh Amendment and Article III of the Constitution, while the Second Circuit ruled to the contrary (Fifth Circuit Decision, Perkins Coie, Second Circuit Decision, MediaDailyNews). In January 2026, the Supreme Court agreed to hear the appeals from both cases together (Herbert Smith Freehills Kramer, SCOTUSblog). The Supreme Court is expected to hand down its decision in its 2025 term, but if it does not, the question will close as "No." If the Court decides these cases without addressing this question's particular issue or issues of law, the question will close as "No." Whether the Court rules that an aspect of the assessment and enforcement provisions violate the Seventh Amendment or Article III is immaterial. A decision that any assessment and enforcement provision is unconstitutional in either case will count.

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