Along with agreeing to hear the case, the Supreme Court told attorneys on both sides of the case to be prepared to argue whether the case is moot because of the challengers' failure to seek preliminary relief before the Fifth Circuit.

The U.S. Supreme Court agreed on Friday to decide the legality of a congressionally authorized fund operated by the Federal Communications Commission to expand access to telecommunications services in a challenge accusing Congress of unlawfully delegating its authority to an independent federal agency.