U.S. Supreme Court rejects net neutrality appeals after year delay

09 November, 2018, 04:11 | Author: Shawn Conner
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The Department of Justice has once again petitioned the Supreme Court to intervene in pending cases over the future of DACA, or Deferred Action for Childhood Arrivals, the Obama-era program that protects immigrants who were brought to the US illegally as children.

Earlier this year, the Trump administration similarly attempted to jump the line and appeal to the Supreme Court after another lower court ordered that DACA resume. "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". The Federal Communications Commission under President Donald Trump has rolled back the rules, but the industry also wanted to wipe the court ruling off the books.

Although the Supreme Court rarely grants requests to bypass the appeals court stage, the DACA case involves unusual circumstances.

"USTelecom will continue to support that order from challenges in Washington, D.C. and state capitals", the trade group said.

The FCC, under Chairman Ajit Pai, abolished net neutrality rules in June, adopting the deregulatory approach favored by the Trump administration and the telecommunications industry.

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

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Several of the plaintiffs in the case said the rejection wasn't surprising, given that the FCC has already repealed net neutrality.

The new rules, which gave internet service providers greater power to regulate the content that customers access, are now the subject of a separate legal fight after being challenged by numerous groups that backed net neutrality.

The policy, put into place by former president Barack Obama, protected from deportation 700,000 "Dreamers" registered under the program and another 1.1 million who qualify but are not registered. Instead, lower courts are examining how the government chose to wind it down.

Even so, in response to that challenge to DACA, the Trump Administration concluded that it could not defend the legality of DACA in its original form. The other two cases are not as far along: The federal government filed its notice of appeal from the decision against it in the U.S. District Court for the District of Columbia in August, while oral argument has been scheduled in the U.S. Court of Appeals for the 2nd Circuit for January 2019.

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

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