This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
Background and question before the Court
What each side argues
Petitioner Position
According to Ms. Kovner (Petitioner), according to Ms. Kovner (Petitioner), the petitioner argues that the agency’s rule defining unsolicited advertisement should be followed by the Court, and if the Court declines to follow it, it must provide a reason.
According to Mr. Phillips, the petitioner contends that the appellate court should not be required to harmonize the FCC rule with the statute, and that liability can be imposed under the FCC rule without such harmonization.
Respondent Position
According to Mr. Hara, the respondent argues that when a district court refuses to accept a final FCC order interpreting the TCPA because it conflicts with the statute, the court is determining the validity of that order.
According to Mr. Hara, the respondent emphasizes that the dispute concerns the underlying merits of the FCC’s interpretation of the TCPA.
What happened at oral argument
Oral argument began at 10:08 a.m. before the Supreme Court.
According to Justice Kagan, justice Kagan raised a separation‑of‑powers problem.
Justice Kavanaugh asked whether the actions were unconstitutional.
According to Justice Breyer, justice Breyer referenced the “Prior, adequate, and exclusive” standard.
According to Justice Gorsuch, justice Gorsuch noted the word “exclusive” and that there are more words after it.
According to Chief Justice Roberts, chief Justice Roberts thanked counsel after the argument.
- [1] 8ae3f88c3aa70452c16f-r1-e9566a75d3278d05.pdf, p. 2
- [2] 8ae3f88c3aa70452c16f-r1-e9566a75d3278d05.pdf, p. 24
- [3] 8ae3f88c3aa70452c16f-r1-e9566a75d3278d05.pdf, p. 28
- [4] 8ae3f88c3aa70452c16f-r1-e9566a75d3278d05.pdf, p. 61
- [5] 8ae3f88c3aa70452c16f-r1-e9566a75d3278d05.pdf, p. 67
- [6] 8ae3f88c3aa70452c16f-r1-e9566a75d3278d05.pdf, p. 76
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 8ae3f88c3aa70452c16f-r1-e9566a75d3278d05.pdforal argument transcript
Guide generated September 26, 2026. Automated validation accepted this version.