The Supreme Court is set to hear oral arguments Tuesday in a case that could shrink Congress’ power to let agencies internally decide legal and regulatory violations, as two telecommunications giants challenge the Federal Communications Commission’s power to impose forfeitures.
AT&T and Verizon have contested determinations by the FCC that they violated consumer privacy rules and owed $57 million and $47 million, respectively. They argued that the FCC process, which Congress created in 1960, violated the constitutional right to a jury trial.
The parties in the case and legal experts said a decision in favor of the companies could wipe out the processes dozens of agencies use to adjudicate legal violations.