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DOJ Asks SCOTUS to Realign Parties in Data Enforcement Case

DOJ asked the U.S. Supreme Court on Wednesday to realign parties in the case that the justices agreed to hear about FCC enforcement and data privacy rules (see 2601120047). With multiple challenges to decisions by courts of appeal, the realignment would ensure “that the same parties are not treated as petitioners in one case and respondents in another, overlapping case,” the department said in docket 25-406.

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DOJ asked that the carriers challenging the FCC orders be treated as the petitioners and the government as the respondents. If SCOTUS adopts the proposal, "the carriers would file a single, consolidated opening brief within 45 days after the order granting certiorari," and federal parties would then file a "consolidated response brief" within 30 days, followed by a single reply brief from carriers.