Supreme Court Throws Out Industry Appeal of Obama-Era Net Neutrality Rules

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The appeals, filed more than a year ago, lost most of their practical significance in June, when a new Federal Communications Commission order took effect and abolished the net neutrality rule.

The high court in February refused to leapfrog that appeals court's review of Judge William Alsup's decision.

The move is aggressive and unusual, as decisions on Trump's efforts to rescind DACA are still pending in several federal appeals courts, and the justices seldom take up cases before those judgments issue.

There was no initial timetable from the justices on when they would decide whether to grant the Trump administration's latest petition. Regardless, net neutrality supporters were encouraged by the Court's decision.

The Supreme Court on Monday declined to hear an appeal to the 2016 ruling.

The FCC's rules, though were largely repealed by the Trump era FCC in December.

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

Last month, frustrated by delays, the department filed notice that it would seek the high court's intervention if the 9th Circuit court did not rule by October 31.

The legal moves reflected a desire by conservatives and industry players to cement the FCC's repeal of net neutrality rules, which were created to restrict Internet service providers' ability to manipulate loading speeds for specific websites or apps.

The legality of the separate DACA program for undocumented immigrant youths had never been tested in court (although an expansion of that program fell with the court rulings against the program for undocumented parents). The Trump administration is seeking to convince the Supreme Court to consolodate those cases because they make the same substantive objections to the planned DACA recession, and toss them all out on the merits.

Beer enthusiast Kavanaugh was on the DC Court of Appeals that decided the case and back then he dissented and argued that the requirement to not block content violated ISPs' First Amendment rights - and so recused himself from the Supreme Court decision.

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. Instead, lower courts are examining how the government chose to wind it down. The Supreme Court's arguments calendar usually fills up by mid-January, so, unless the ninth circuit issues an expedited ruling, it's unlikely the administration would have the opportunity to challenge the ruling before the High Court before next year.

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