Episode 10

Oral Argument: Wisconsin Bell, Inc. v. U.S., ex rel. Heath | Case No. 23-1127 | Date Argued: 11/4/24

Case Info: Wisconsin Bell, Inc. v. U.S., ex rel. Heath | Case No. 23-1127 | Date Argued: 11/4/24 | Date Decided: 2/21/25

Link to Docket: Here.

Background:

The Telecommunications Act of 1996 directs the FCC to further the goal of universal access to telecommunications services. In response, the FCC established what's known as the "E-rate" program to provide discounted services to eligible schools and libraries. The program is administered by a private, non-profit corporation and funded entirely by contributions from private telecommunications carriers. After telecommunications carriers provide services to eligible schools and libraries, either the schools and libraries or the providers can submit reimbursement requests to the private corporation for the amount of the discount. In this way, the E-rate program distributes up to $4.5 billion each year.

Question Presented: Whether reimbursement requests submitted to the E-rate program are "claims" under the False Claims Act.

Holding: The E-Rate reimbursement requests at issue are “claims” under the False Claims Act because the Government “provided” (at a minimum) a “por­tion” of the money applied for by transferring more than $100 million from the Treasury into the Fund.

Result: Affirmed and remanded.

Voting Breakdown: Justice Kagan delivered the opinion for a unanimous Court. Justice Thomas filed a concurring opinion, in which Justice Kavanaugh joined, and in which Justice Alito joined as to Part I. Justice Kavanaugh filed a concurring opinion, in which Justice Thomas joined.

Link to Opinion: Here.

Oral Advocates:

  • For petitioner: Allyson N. Ho, Dallas, Tex.
  • For respondent: Tejinder Singh, Washington, D. C.; and Vivek Suri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)

Website Link to Opinion Summary: Here.

Apple Podcast Link to Opinion Summary: Here.

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U.S. Supreme Court oral arguments and opinions