Representative Matters

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Nixon v. Missouri Municipal League, 541 U.S. 125 (amicus representation)

U.S. Supreme Court held that in enacting § 253(a) of the Telecommunications Act of 1996, Congress did not preempt states from prohibiting their political subdivisions from providing telecommunications services. Briggs and Morgan was retained by a municipally-owned utility to urge affirming the Eighth Circuit, which had held to the contrary. Concurrent with that project, the municipal utility engaged the firm to oppose a companion petition for certiorari filed by the state public service commission to seek review of the state supreme court’s decision following the Eighth Circuit’s opinion holding the state’s prohibition on municipal telecommunication services to be preempted. The U.S. Supreme Court agreed with the municipal utility and denied certiorari.