The case reaches the Supreme Court after the Fifth Circuit Court of Appeals ruled that the funding arrangement around the USF violates the Constitution. The Supreme Court asked the parties to also file briefs about whether the case is moot since the challengers didn’t seek preliminary relief before the appeals court.

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.