On April 29, 2024, WLF asked the Eighth Circuit to set aside a new FCC rule that threatens to impose a lawless disparate-impact regulatory regime on the broadband industry. WLF joined Pacific Legal Foundation on the brief, which was drafted by Alison Somin and Erin E. Wilcox. The case arises from the Infrastructure Investment and Jobs Act (IIJA), a $1.2 trillion omnibus infrastructure bill that authorizes the FCC to “adopt final rules to facilitate equal access to broadband internet access service,” including by “preventing digital discrimination of access based on income level, race, ethnicity, color, religion, or national origin.” In the brief, WLF argues that the IIJA supplies no plausible statutory basis for the FCC’s unprecedented power grab and violates the Constitution.


Amicus brief