Publicado: Jue, Noviembre 08, 2018
Financiera | Por Marilu Caballero

Supreme Court Won’t Hear Net Neutrality Challenges

Supreme Court Won’t Hear Net Neutrality Challenges

The Trump administration supported the industry's case, asking the US Supreme Court to vacate the Obama-era ruling.

The legal fight over a 2016 lower court ruling upholding former President Barack Obama's net neutrality regulations came to an end on Monday, with the Supreme Court declining to take up the matter.

The appeal was unusual in that the FCC's 2015 net neutrality rules have already been repealed under the current administration, following a Commission vote last December in which members voted 3-2 along party lines.

"Today's decision is not an indication of the Court's views on the merits but simply reflects the fact that there was nothing left for the Court to rule on", the Internet and Television Association said.

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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. Four of nine justices must agree to hear a case, but only three voted to grant the petitions. 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. The Supreme Court also declined to remove the precedential value of the D.C. Circuit's 2016 opinion. The new FCC in 2017 voted to reject much of its authority over internet providers, and handed much of the responsibility for net neutrality to a sister agency, the Federal Trade Commission. The policy reversal went into effect in June.

The Federal Communications Commission voted a year ago to revoke those rules.

"The Department of Justice should not have been forced to make this filing today - the Ninth Circuit should have acted expeditiously, just as the Supreme Court expected them to do - but we will not hesitate to defend the Constitutional system of checks and balances vigorously and resolutely", Attorney General Jeff Sessions said in a statement after the appeals were filed. They know their repeal of net neutrality was so filled with procedural missteps and outright fraud that they're anxious it will be overturned by next year's net neutrality lawsuits, opening arguments for which begin in February.

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