ANOTHER BLOW AGAINST THE ADMINISTRATIVE STATE: En Banc Fifth Circuit Concludes FCC’s “Universal Service” Fee Is Unconstitutional: A majority of the judges concludes this fee constitutes a tax, the authority for which is improperly delegated. “A petition for certiorari will almost certainly be filed by the federal government, and certiorari will very likely be granted.”
The majority here is right, and I hope the Supreme Court agrees.