Supreme Court overturns 5th Circuit ruling that upended Universal Service Fund

"Finally, the Consumers' Research position produces absurd results, divorced from any reasonable understanding of constitutional values. Under its view, a revenue-raising statute containing non-numeric, qualitative standards can never pass muster, no matter how tight the constraints they impose. But a revenue-raising statute with a numeric limit will always pass muster..."

The article discusses the dissenting opinions on a court decision regarding the delegation of Congress's taxing power, particularly emphasizing Gorsuch's views. He rejected the notion that numeric versus non-numeric standards should determine the legality of such delegations. Gorsuch firmly stated that Section 254 of the Communications Act improperly delegates Congress's taxing authority to the FCC without a constitutional basis. He argued that the fundamental question is whether this delegation violates constitutional principles, underscoring a significant tension between regulatory authority and legislative control.

Read at Ars Technica