Published: Fri, November 09, 2018
Tech | By Anita Cain

Net Neutrality Ruling Rejected By The US Supreme Court

Net Neutrality Ruling Rejected By The US Supreme Court

The U.S. Department of Justice petitioned the Supreme Court Monday to intervene in a trio of cases regarding the termination of the Deferred Action for Childhood Arrivals program.

The US Supreme Court has, in a 4-3 vote, declined to hear challenges to the FCC's 2015 network neutrality order that was adopted during the Obama administration under then-FCC Chairman Tom Wheeler.

In this October 9, 2018 photo, police office guards the main entrance to the Supreme Court in Washington.

The "DACA" program - formally, Deferred Action for Childhood Arrivals - was created by the Obama Administration, and has spared almost 700,000 immigrant youths from being sent back to countries from which they came as children with their parents.

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 government also asked the court to review all three cases together, but it noted that it had brought them all to the Supreme Court at the same time to ensure that at least one of them would be suitable for review.

The high court in February refused to leapfrog that appeals court's review of Judge William Alsup's decision. Other challenges to DACA repeal efforts are now before appeals courts in NY and Washington, D.C.

The Trump administration past year announced its plan to phase out the program, but federal courts have ruled variously that the phase-out could not apply retroactively and that the program should be restarted. As a result of the failed case, the previous DC Circuit court ruling made back in 2016 will stand.

Supporters say net neutrality protects consumers, while opponents say it discourages investment.

That is the lead case that the Administration appealed to the Justices on Monday.

The Supreme Court decided on Monday that it will not consider a series of challenges from telecom companies to Obama-era net neutrality rules created to bar internet service providers from manipulating loading speeds for specific websites or apps.

In 2016, the U.S. Court of Appeals for the District of Columbia ruled in favor of the FCC's regulations protecting net neutrality in United States Telecom Association v.

Additional challenges to DACA are winding their way through appeals courts in NY and the District of Columbia following district court rulings against Trump's plan to end the program. Instead of providing a policy explanation for withdrawing DACA, the Trump administration claims that the program was always illegal.

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

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