Supreme Court rejects net neutrality appeal but FCC ruling stands

A rubber stamp stamping the word

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The Trump administration is seeking the conservative-leaning Supreme Court's endorsement to kill the "Dreamers" program, which protects about 1.8 million undocumented immigrants who arrived in the United States as children.

In doing so, government lawyers sought to bypass federal appeals courts that have yet to rule definitively on the Deferred Action for Childhood Arrivals program.

The main remaining issue for the Supreme Court was whether to set aside the 2016 federal appeals court decision that upheld the net neutrality rule as being within the FCC's authority.

The appeal was unusual in that the FCC's 2015 net neutrality rules have already been repealed under the current administration, following a Commission vote last December in which members voted 3-2 along party lines.

Attorney General Jeff Sessions now wants the nation's highest court to combine three cases about DACA into a single ruling, because each case makes the same basic arguments about the repeal.

The Supreme Court in June 2017 declined to hear a similar case challenging California's policy toward carrying guns in public. Justices Clarence Thomas, Samuel Alito and Neil Gorsuch indicated that they would have opted for Munsingwear vacatur, which would have left the D.C. Circuit's ruling without any precedential value.

Chief Justice John Roberts and Justice Brett Kavanaugh recused themselves from the case. Jonathan Spalter, CEO of USTelecom, and other supporters of the Restoring Internet Freedom order, which negated net neutrality, believe broadband is an information service.

The FCC itself also was in favor of voiding the decision that upheld its 2015-era rules, according to Jessica Rosenworcel, a Democrat on the commission.

In its landmark 2008 District of Columbia v. Heller ruling, the Supreme Court held for the first time that the Second Amendment guarantees an individual's right to bear arms for self-defense in the home. "There was absolutely no reason for the Supreme Court to take this case, and today's denial puts to bed the chances of upending the correct appellate-court decisions". They know their repeal of net neutrality was so filled with procedural missteps and outright fraud that they're anxious it will be overturned by next year's net neutrality lawsuits, opening arguments for which begin in February.

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