Supreme Court rejects net neutrality appeal

09 November, 2018, 04:11 | Author: Camille Rivera
  • U.S. Supreme Court Rejects Net Neutrality Appeals After Year DelayMore

The day before congressional elections in which Trump's anti-immigration rhetoric has taken center stage, the administration urged the justices to throw out three lower court rulings that blocked Trump's plan to wind down the Deferred Action for Childhood Arrivals (DACA) program.

The US Supreme Court has refused to hear a challenge to the net neutrality rules that were introduced in 2015, and which have since been rescinded.

In opting not to hear the case, SCOTUS leaves in place the existing high court ruling that the FCC has the authority to regulate broadband like a public utility, which supporters of the 2015 Net Neutrality regulations, established by the Obama administration, saw as a win. The Trump administration supported the industry's case, asking the US Supreme Court to vacate the Obama-era ruling. Francisco told the Court Monday he believes the matter would be ready to be fully considered for the Court's January 4, 2019 conference and, should the justices decide to take the case, oral arguments in April, with a decision to follow before the Court's term ends in June.

Several of the plaintiffs in the case said the rejection wasn't surprising, given that the FCC has already repealed net neutrality.

It also aimed to remove the lower court's verdict from the books so that it couldn't be used as a precedent, something that could prove significant given the ongoing legal actions that challenge the FCC's 2017 repeal of net neutrality. In a brief two-sentence order in February, the court rejected the government's request "without prejudice" - leaving the government the option to file another petition for review later on, presumably after the 9th Circuit ruled on its appeal.




The program is keeping about 700,000 young people from being deported, NPR's Joel Rose notes.

The decision to close it down was made in September last year, but the government decided that it would "phase out" the program after six months - that is, by March 5 of this year - in order to give Congress an opportunity to consider authorizing DACA and making it legal. The Supreme Court this week stated it wouldn't be hearing the case (pdf). The D.C. Circuit upheld the regulations, prompting industry groups to escalate the case to the Supreme Court.

"The last administration started DACA without a mandate or even an authorization from Congress or the courts; this administration can therefore end DACA at any time", Attorney General Jeff Sessions said in a statement Monday night.

Lyle Denniston has been writing about the Supreme Court since 1958.

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