Today, the Supreme Court will hear arguments in FCC v AT&T and Verizon v FCC, cases that challenge the Federal Communications Commission’s authority to impose massive civil penalties without a jury trial. Scholars at the Cato Institute filed a brief in support of the carriers.

In a recent blog post detailing the brief, Tommy Berry, the director of the Cato Institute’s Robert A. Levy Center for Constitutional Studies, and Brent Skorup, a legal fellow in the Cato Institute’s Robert A. Levy Center for Constitutional Studies, wrote in part:

“We urge the Court to adopt a straightforward rule: When an agency proceeding culminates in final agency action and is treated as enforcement sufficient to preserve civil penalties, it constitutes the adjudication of a legal claim for money. In such cases, the Seventh Amendment requires a jury before liability is conclusively determined. A later, optional enforcement suit cannot retroactively cure a Seventh Amendment violation.”

Berry will be present for today’s oral arguments. To speak with Berry or Skorup following the arguments, contact Christopher Tarvardian.