Supreme Court Won't Consider Obama-Era Net Neutrality Rules 11/06/2018

Supreme Court Won't Consider Obama-Era Net Neutrality Rules 11/06/2018

Justices John Roberts and Brett Kavanaugh didn't participate in the vote.

Obama's rules, meant to safeguard equal access to content on the internet, were opposed by Trump, a Republican. 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.

In court papers, Solicitor General Noel Francisco asked the justices to take up the case this term and argued that district judges who had issued opinions against the administration were "wrong" to do so. The Justice Department has also agreed to suspend its recent suit against California over the state's new net neutrality law, at least until the case before the D.C. Circuit is resolved.

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.

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The appeal sought to challenge a lower court ruling that upheld Obama-era net neutrality rules that banned Internet service providers from giving preferential treatment to certain websites, CNBC reported.

The FCC itself also was in favor of voiding the decision that upheld its 2015-era rules, according to Jessica Rosenworcel, a Democrat on the commission. However, the court's choice reveals how three conservative judges would rule against prior precedent on net neutrality, with Kavanaugh likely following along based on his prior opinion on the matter. "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".

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 second question is whether, even if courts can review the decision to end DACA, that decision violated various laws governing administrative actions. It was opposed by internet companies like Facebook Inc, Amazon.com Inc and Alphabet Inc, which have said the repeal could lead to higher costs.

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