Trump administration asks high court to fast-track DACA case

08 November, 2018, 02:08 | Author: Eric Barnett
  • Supreme Court rejects industry challenge of 2015 net neutrality rules

The Supreme Court's refusal to take up the case means the prior decision remains on the books as precedent, but doesn't appear to have much practical effect given the rules' repeal.

In 2016, the U.S. Court of Appeals for the District of Columbia ruled in favor of the FCC's regulations protecting net neutrality in United States Telecom Association v.

Attorney General Jeff Sessions now wants the nation's highest court to combine three cases about DACA into a single ruling, because each case makes the same basic arguments about the repeal. The high court doesn't typically take cases before federal appeals courts rule on them.

The court did not disclose how individual justices voted in the California case. 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.

"This decision is not surprising because the D.C. Circuit's original decision was superseded by the FCC's Restoring Internet Freedom Order that correctly restored broadband as an information service", Jonathan Spalter, the CEO of USTelecom, said in a statement.


The rules were confirmed in 2016 by the DC Circuit court, which also confirmed the FCC's authority to put such regulations into place.

The case has been before the ninth circuit in San Francisco for six months and the court takes an average of 23 months to issue a final ruling. 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.

FILE PHOTO: Chairman Ajit Pai (C) leads a vote on the repeal of so called net neutrality rules at the Federal Communications Commission in Washington, U.S., December 14, 2017. Instead, lower courts are examining how the government chose to wind it down.

Net neutrality has become a rallying cry for internet activists and those on the political left, who say that if companies are able to "throttle" traffic to and from some sites, then it would ruin the free-flowing nature of the online community.

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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