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

The federal government tonight returned to the Supreme Court, asking it once again to intervene in a dispute over the Trump administration's decision to end the program known as "Deferred Action for Childhood Arrivals", which allows undocumented immigrants who came to the United States as children to apply for protection from deportation. Neither gave a reason, but Kavanaugh played a role in the case on the appeals court, saying he would have overturned the net neutrality rule.

"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.

A federal appeals court had upheld the rules, which prohibit internet providers from blocking or throttling content or selling off "fast lanes" of traffic so websites can get speedier access to consumers.

The request comes after the Supreme Court rejected a similar plea in February.

The Administration began its effort to close out the program 14 months ago, but the plan met prompt challenges in federal trial courts across the nation, resulting in orders at least temporarily requiring the government to continue operating the program as is.

That court, the 9th U.S. Circuit Court of Appeals, heard arguments in May but hasn't ruled.

The legality of the program is not at issue in the case.

The Federal Communications Commission's 2015 order to impose net neutrality rules and strictly regulate broadband was already reversed by Trump's pick for FCC chairman, Ajit Pai.

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.

It takes four of the nine justices to agree to hear a case.

The Supreme Court decided on Monday that it will not consider a series of challenges from telecom companies to Obama-era net neutrality rules created to bar internet service providers from manipulating loading speeds for specific websites or apps.

On the merits of the dispute, the Trump administration contends that its decision to terminate DACA can not be reviewed in court, since the program exists entirely at the executive branch's discretion.

The FCC's reversal reflected the Trump administration's deregulatory philosophy. His work has appeared here since mid-2011.

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