Amy Coney Barrett has expressed concerns about a recently proposed tax concept put forth by her colleague. Supreme Court judge, Clarence Thomas .
Why It Matters
Conservatives are eager to witness a resurgence of the nondelegation doctrine, which forbids Congress by transferring its essential lawmaking authority to federal agencies or other unelected officials.
On March 27, Judge Amy Coney Barrett, nominated by President Trump, voiced significant reservations regarding the reinstatement of this legal principle. The doctrine has not been invoked since the 1930s and might considerably diminish the authority held by federal regulatory bodies.
It also fits into a broader story regarding Amy Coney Barrett's position on the court, as she does. navigates a moderate stance on numerous social matters , away from the hard-line conservatism of Thomas.
DIWIDA requested an email response from the Federal Communications Commission on Thursday.
What To Know
On March 26, the Supreme Court examined the case of Federal Communications Commission versus Consumers' Research In which it needed to evaluate the legitimacy of an FCC fund requiring communication firms to cover costs associated with installing telephone lines and internet cables in remote and economically underprivileged regions.
The telecommunications firms subsequently transfer a significant portion of those additional costs to the end user.
Tax Cap
In general terms, Justice Thomas proposed that the non-delegation doctrine might serve as a means to limit how extensively the FCC or similar governmental bodies could amass funds via taxation.
Barrett argued that imposing a cap wouldn’t work effectively. "Whether it’s $3 trillion or $5 trillion, it’s essentially just tossing around numbers without much purpose," she stated.
"Meaningless Exercise"
She posed several incisive questions to Trent McCotter, the attorney advocating for Consumers' Research, a conservative organization aiming to reduce taxes and eliminate "woke" politics, as stated on their webpage.
When McCotter informed the court, “Essentially, this case boils down to taxation without representation,” Judge Barrett responded, “That sounds rather empty. It appears to be an insignificant endeavor.”
Supreme Court Clashes
As DIWIDA previously reported Justice Amy Coney Barrett and Justice Thomas have often disagreed in various Supreme Court rulings.
Barrett expressed significant disagreement with Thomas' analysis during the oral arguments. United States v. Rahimi, a case determining whether individuals subject to a domestic violence restraining order are permitted to possess firearms.
Gun Control
In June 2024, during the oral arguments, Thomas queried Rahimi's attorney about why a criminal defendant ought to face a civil measure such as a restraining order.
Coney Barrett swiftly retrieved a copy of the restraining order. prohibits Rahimi from approaching his former girlfriend or her daughter.
She proceeded to read out the allegations listed in the restraining order involving Rahimi's purported acts of threat and intimidation toward his former girlfriend.
In this way, Coney Barrett indicated her disagreement with Thomas’ strict interpretation of the Second Amendment. Thomas believes that one should consider solely the literal words of the Constitution, implying that American citizens have unrestricted rights to possess firearms.
What People Are Saying
In their plea to the Supreme Court to consider the FCC case, the former Solicitor General, Elizabeth Prelogar, When setting up the FCC in 1934, Congress aimed to ensure "that all Americans have access, to the greatest extent feasible, to a swift, effective national and international wired and wireless communications network equipped with sufficient resources at prices that are affordable," as stated in their documentation.
She stated that the FCC funding aimed at supporting underprivileged areas is aiding in the pursuit of comprehensive communication access.
On March 26, Boyden Gray & Associates, the legal firm acting for Consumer’s Research, issued a statement alleging that the FCC's fund has been marred by fraud—with millions squandered on lavish items such as luxury condominiums, private aircraft, and country club memberships. Furthermore, the Government Accountability Office reported that despite the expenditure of billions of dollars, there was no discernible increase in phone and internet services.
What Happens Next
The Supreme Court will take several months to deliberate on the case prior to publishing a written judgment. The ruling is expected to be released sometime around late 2024 or early 2025.
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