Federal Communications Commission v. Consumers' Research
Description: This case concerns whether Congress violated the Constitution by delegating power to the Federal Communications Commission to collect Universal Service Fund money, and whether the FCC violated the Constitution by letting a private, industry-controlled company make those collection decisions.
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ADF urges US Supreme Court to keep lawmaking power to Congress
The following quote may be attributed to Alliance Defending Freedom Senior Counsel Jake Warner regarding a friend-of-the-court brief ADF attorneys filed Tuesday urging the U.S. Supreme Court to affirm the judgment below in the case Federal Communications Commission v. Consumers’ Research and restore the constitutionally separated power of the government:
“Congress alone can make binding law. As we explain in our brief, in recent years, the federal government has swelled exponentially. Too often, Congress delegates its exclusive legislative power to others and as a result, everyday Americans—many of whom ADF represents, including students, doctors, and nonprofit leaders—suffer greatly from unlawful government overreach into their lives and work. We are urging the Supreme Court to affirm the judgment below and restore constitutionally separated power. This would curb bureaucratic overreach and keep America’s lawmaking power where it belongs—Congress.”
At issue in the case before the court is whether Congress violated the Constitution by delegating power to the FCC to collect Universal Service Fund money, and whether the FCC violated the Constitution by letting a private, industry-controlled company make those collection decisions.
Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.
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Jake Warner serves as senior counsel for Alliance Defending Freedom’s Appellate Team. Since joining ADF in 2017, Warner has focused primarily on protecting the freedom of Christians to freely exercise their faith in the marketplace without fear of government punishment. He has served on the litigation teams arguing cases such as Masterpiece Cakeshop Inc. v. Elenis and Telescope Media Group v. Lucero. He has also defended religious freedom more broadly. Prior to joining ADF, Warner served as a judicial law clerk to Senior U.S. District Judge Malcolm J. Howard in the Eastern District of North Carolina. Before that, he engaged in private practice with the firm of Perry, Perry, & Perry, in Kinston, North Carolina, where he primarily represented criminal defendants in both federal and state courts. Warner earned his J.D. at Regent School of Law, graduating magna cum laude in 2011. He obtained his B.A. in history and political science from the University of North Carolina at Chapel Hill in 2006. Warner is admitted to practice in Arizona, North Carolina, and the U.S. Supreme Court, as well as many federal district and appellate courts.