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CJ Roberts Agrees with AT&T and Verizon, But Rules For FCC

The SG flipped positions on appeal, and the Chief Justice whips up a blue plate special to deny the carriers a refund.

Josh Blackman | 6.4.2026 12:10 PM

I often describe Chief Justice Roberts's decisions as "blue plate specials." If you read the bottom line, it seems like the liberal side win, but the mechanics of the decision helps the conservatives in the long run. In other words, the right might lose the battle, but they win the war. After more than two decades, the Chief Justice has made this balanced approach to jurisprudence into an art form.

Today's decision in FCC v. AT&T is the latest example.

The FCC alleged that AT&T and Verizon violated federal law, and assessed a forfeiture order of $57 million and $47 million, respectively. The order stated in capitalized bold letters the forfeiture was mandatory:

"IT IS ORDERED that, pursuant to section 503(b) of the Act, 47 U.S.C. § 503(b), and section 1.80 of the Commission's rules, 47 CFR §1.80, AT&T, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of [$57,265,625] for willfully and repeatedly violating section 222 of the Act and section 64.2010 of the Commission's rules." App. to Pet. for Cert. in No. 25–406, at 131a.

The carriers argued that the government could not impose that........

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