Justices will not consider an appeal to a lower court’s pro-net neutrality decision in one of telecom groups’ major suits against the rules.
A close-up view of the US Supreme Court. (Stock via Getty)
A 2016 court decision supporting the legal groundwork of net neutrality will stand, the nation’s highest court announced today.
On Monday, the US Supreme Court said it will not consider an appeal filed over a lower court’s decision in one of telecom industry groups’ biggest suits against net neutrality, after two recusals left the court’s Conservatives in the minority.
Following the creation of net neutrality regulations in 2015, numerous industry groups have attempted to sue the Federal Communications Commission (FCC) for overstepping its legal bounds. I n 2016, the US Court of Appeals for the DC Circuit ruled in the FCC’s favor for the case in question.
L ast year, under the new Trump administration, USTelecom and others groups sought to appeal the Appeals Court’s decision regarding net neutrality rules, which FCC Chairman Ajit Pai and other Republican commissioners have since rescinded on their own .
If the Supreme Court had decided to re-examine the regulations, Ars Technica explained, « A win for the broadband industry could have prevented future administrations from imposing a similarly strict set of rules. »
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Federal Communications Commission Commissioner Michael O’Rielly (2nd L) speaks as Chairman Ajit Pai (L) and Commissioner Jessica Rosenworcel (R) listen during a meeting December 14,2017 in Washington, DC. FCC voted to repeal its net neutrality rules during the meeting. (Credit: Alex Wong/Getty Images)
Today’s court publication noted briefly that the appeal is being dismissed over the objections (so to speak) of Justices Thomas, Justice Alito, and Justice Gorsuch, who would have thrown out the lower court’s decision favoring net neutrality rules.
Chief Justice John Roberts and recent Trump appointee Brett Kavanaugh recused themselves from participating in this decision due to (two different) conflicts of interest: a s Motherboard reported, the former » abstained from voting because he owns stock in Time Warner, one of the companies filing the petition to consider the case, » while the latter » once filed an anti-net neutrality dissent in this very case when Big Telecom tried to get the DC Circuit to reconsider its original ruling (Kavanaugh was outnumbered). »
USTelecom told Reuters that the high court’s action was « not surprising, » and that it would « continue to support [the repeal] from challenges in Washington, D. C. and state capitals. »
On Twitter, FCC Commissioner Jessica Rosenworcel, the commission’s lone Democrat following the resignation of Mignon Clyburn, said that the FCC had « actually petitioned the Supreme Court to erase history and wipe out an earlier court decision upholding open internet policies. »
This appeal may be settled, but multiple suits remain ongoing against net neutrality efforts around the country, including one filed by the Justice Department to block enforcement of California’s new rules. Last month, the state agreed to delay enforcement pending appeals over net neutrality’s reversal.
Today ‘s entire legal announcement was as follows:
US TELECOM ASSN., ET AL. V. FCC, ET AL. The petitions for writs of certiorari are denied. Justice Thomas, Justice Alito, and Justice Gorsuch would grant the petitions, vacate the judgment of the United States Court of Appeals for the District of Columbia Circuit, and remand to that court with instructions to dismiss the cases as moot. See United States v. Munsingwear, Inc., 340 U. S. 36 (1950). The Chief Justice and Justice Kavanaugh took no part in the consideration or decision of these petitions.
See also: Net Neutrality Rules End Today, But Service (And The Fight) Won’t Change Right Away
I’m a freelance writer covering tech, media, science, and culture. My background includes the areas of writing, editing, and education, and I received Bachelor and Master of Arts Degrees from the University of British Columbia and California State University, East Bay, respe…
Janet Burns covers tech, culture, and other fun stuff from Brooklyn, NY. She also hosts the cannabis news podcast The Toke .
