June 4, 2026

DECIDED

FCC v. AT&T; Verizon Communications v. FCC

 On June 4, 2026, the Supreme Court held that the FCC’s penalty-first, jury-later scheme does not violate the Seventh Amendment because no legal consequences attach to the underlying penalty assessed by the agency. The decision was a setback for WLF, which filed an amicus brief in the case contending that allowing agencies to impose punitive fines without trial by jury undermines core constitutional protections. WLF’s brief was prepared with generous pro bono assistance from Joshua Wesneski and Adam Mitchell of Weil, Gotshal & Manges LLP.