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Science & Technology November 6, 2018 3 mins read

Supreme Court Declines to Hear Case Challenging Obama-era Net Neutrality Rules

Science & Technology ı By Marivic Cabural Summers

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The U.S. Supreme Court rejected an appeal by the telecommunications industry and the Trump administration to review a lower court’s decision regarding the Obama-era net neutrality rules.

In 2016, the U.S. Court of Appeals for the D.C. Circuit upheld the constitutionality of the 2015 Open Internet Order implemented by the Federal Communications Commission (FCC) under the Obama administration. The Obama-era net neutrality rules prohibit internet service providers (ISPs) from engaging in content blocking, throttling, and paid prioritization.

In December last year, the Trump administration’s FCC repealed the Obama-era net neutrality rules despite the lower court’s ruling. The Commission’s policy reversal became effective in June.

In a brief order on Monday, the Supreme Court announced, “The petitions for writs of certiorari are denied.” Justices Samuel Alito, Neil Gorsuch and Clarence Thomas “would grant the petitions and vacate the judgment” of the lower court. They would also “remand to that court with instructions to dismiss the cases as moot.” On the other hand, Chief Justice John Roberts Jr. and Justice Brett Kavanaugh recused themselves from the case.

"An important win for the internet and all Americans"

According to FCC Commissioner Jessica Rosenworcel, the Trump administration wanted that the U.S. Supreme Court erase the lower court’s ruling, Rosenworcel is a Democrat. She supports the Obama-era net neutrality rules.

On the other hand, Democratic Sen. Ed Markey of Massachusetts commented, "The FCC’s Open Internet Order is regarded as settled law by the courts, and that is what today’s decision by the Supreme Court really means. This is an important win for the internet and all Americans who support strong net neutrality rules."

The fight for net neutrality rules is not over

Meanwhile, USTelecom, one of the groups challenging the Obama-era net neutrality rules, said, “This decision is not surprising…USTelecom “will continue to support” FCC’s repeal of the Obama-era net neutrality rules “from challenges in Washington, D.C. and state capitals.”

In January, More than 20 states  filed a federal lawsuit to stop the FCC repeal of the Obama-era net neutrality rules. A number of state are also seeking to establish their own net neutrality regulations.

In California, Governor Jerry Brown signed into law the nation's strongest net neutrality regulations. The U.S. Department of Justice (DOJ) sued to block the state from implementing it.

Last month, California agreed to delay the enforcement of its neutrality law. On the other hand, the DOJ agreed to postpone its lawsuit against the state. Both parties decided to wait for the Supreme Court's final decision on the case challenging FCC's repeal of the 2015 Open Internet Order.

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Marivic Cabural Summers

Marivic has been a freelance writer/journalist for nearly 20 years. She strictly adheres to the ethical standards in journalism. For her, integrity is everything. Readers deserve to know that real story. She previously worked as research analyst and editor at Lombardi Financial and has written for various websites including The Motley Fool, ValueWalk, IcannWiki and was a news writer/radio program producer at Nation Broadcasting Corporation. Marivic holds a BA in Mass Communications.

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