The US Supreme Court has declined to hear a net neutrality appeal that could have reduced US regulators' ability to pass future neutrality regulations and may have had an impact on ongoing challenges that aim to reinstate net neutrality rules.
"The Supreme Court made the right decision in declining to hear the challenge against the 2016 DC Circuit Court ruling that upheld strong FCC net neutrality rules". If the Supreme Court had accepted the petitions or vacated the lower court rulings, doing so would have strengthened the FCC's repeal.
But the Supreme Court today said it has denied petitions filed by AT&T and broadband lobby groups NCTA, CTIA, USTelecom, and the American Cable Association. 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.
Network neutrality forbids providers from creating paid "fast lanes" that offer better service for certain products or users.
Should the Supreme Court refuse his request, Francisco pointed out, the administration would be required to continue accepting DACA applications while waiting on California's ninth circuit to rule on the legality of ending the program.
Those new regulations are the subject of a separate challenge pending in the appeals court, the U.S. Court of Appeals for the District of Columbia Circuit.
Several of the plaintiffs in the case said the rejection wasn't surprising, given that the FCC has already repealed net neutrality.
The administration's attempt to end the program past year was rejected by multiple federal courts and the Department of Homeland Security was ordered to continue accepting renewal applications while the case is adjudicated. Those extensions gave the FCC time to put the new rule in place before the court acted. They give internet service providers greater power to regulate the content that customers access, are now the subject of a separate legal fight after being challenged by numerous groups that backed net neutrality.
"Let's call this interesting", she added.