The DC court cited Pai’s review of net neutrality\u00a0as part of its reason\u00a0for dismissal.<\/p>\n
\n“The agency will soon consider adopting a notice of proposed rulemaking that would replace the existing rule with a markedly different one. In that light, the en banc court could find itself examining, and pronouncing on, the validity of a rule that the agency had already slated for replacement,” Judges Sri Srinivasan and David Tatel said in their ruling.<\/p>\n<\/blockquote>\n
Net Neutrality Odds<\/b><\/h2>\n
The chances of the FCC’s current position on net neutrality being overturned and repealed are presumably strong.<\/p>\n
Even if Pai changed direction and decided to leave the current regulations in place, the US Supreme Court could still interject. And now that it’s fully staffed, with the latest addition of Justice Neil Gorsuch on the bench, the general thinking is that the court would rule against net neutrality.<\/p>\n
Gorsuch could be the deciding vote. The justice has long been an opponent to “Chevron deference,” a 1984 Supreme Court ruling that said the Court should give federal “expert agencies” the benefit of the doubt in decision-making in which they have said expertise.\u00a0The Chevron deference way of thinking would be to allow the FCC to set forth its own rules without critique\u00a0from the court.<\/p>\n","protected":false},"excerpt":{"rendered":"
A net neutrality legal challenge brought by several internet service providers against the Federal Communications Commission (FCC) has been dismissed by the DC Circuit Court of Appeals. The case of whether or not to continue federal oversight of internet practices in the US could now be bumped up to the highest court in the land. […]<\/p>\n","protected":false},"author":42,"featured_media":49456,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[19,60,13,61],"tags":[],"acf":[],"yoast_head":"\n
Net Neutrality in Danger, Following Federal Court Dismissal<\/title>\n\n\n\n\n\n\n\n\n\n\n\n\n\t\n\t\n\t\n\n\n\n\n\n\t\n\t\n\t\n