Net Neutrality Ruling Rejected By The US Supreme Court

Supreme Court rejects industry challenge of 2015 net neutrality rules

Supreme Court rejects industry challenge of 2015 net neutrality rules

President Donald Trump's administration asked the U.S. Supreme Court on Monday to allow it to end a program introduced by former President Barack Obama that protects thousands of young immigrants who live in the United States without legal status.

The rules, which were issued in 2015, have since been replaced by a 2018 order by the Federal Communications Commission eliminating net neutrality, so the justices were not expected to weigh in on the merits of these cases. The Supreme Court's arguments calendar usually fills up by mid-January, so, unless the ninth circuit issues an expedited ruling, it's unlikely the administration would have the opportunity to challenge the ruling before the High Court before next year. If the Supreme Court had accepted the petitions or vacated the lower court rulings, doing so would have strengthened the FCC's repeal.

"Absent prompt intervention from this court, there is little chance the court would resolve this dispute for at least another year", Francisco wrote in a letter to the Supreme Court. Although Justices Samuel Alito, Neil Gorsuch, and Clarence Thomas are said to have favored the appeal, Chief Justice John Roberts and Justice Brett Kavanaugh are said to have recused themselves from making a determination.

Beer enthusiast Kavanaugh was on the DC Court of Appeals that decided the case and back then he dissented and argued that the requirement to not block content violated ISPs' First Amendment rights - and so recused himself from the Supreme Court decision. Providers complained that the rules were overly burdensome and a violation of the FCC's congressionally granted powers; consumer advocates said the rules were necessary as a vital consumer protection.

The Republican-controlled Federal Communications Commission voted 3-2 in December along party lines to reverse the rules adopted under Obama in 2015 that had barred internet service providers from blocking or throttling traffic, or offering paid fast lanes, also known as paid prioritization. "Let's call this interesting".

Although the Supreme Court rarely grants requests to bypass the appeals court stage, the DACA case involves unusual circumstances.

The FCC's repeal of net neutrality is also the subject of separate legal battles, after it was challenged by tech companies and advocacy groups, in addition to more than 20 USA states.

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