U.S. Supreme Court rejects net neutrality appeals after year delay

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The court's notice says the three justices wanted to "grant the petitions, vacate the judgment of the United States Court of Appeals for the District of Columbia Circuit, and remand to that court with instructions to dismiss the cases as moot".

But the Trump administration is asking the Supreme Court to skip ahead in the process - and step in before the lower courts are finished.

A federal circuit court of appeals in Washington, D.C., upheld those rules as legal - though under the Trump administration the FCC has canceled them.

"This is the second time the Trump administration has attempted to shortcut the normal appellate process by seeking Supreme Court review prior to any decision by the Courts of Appeals", Davidson said.

The Justice Department also has filed suit to block California's state net neutrality law from taking effect in January.

With no explanation, the Supreme Court declined to hear an appeal of the net neutrality case, according to The Hill. In the letter, Francisco told the justices that "prompt consideration" of the three cases is essential because nationwide injunctions require the administration to keep the program in place while the litigation challenging efforts to end it continues. "The Department of Justice should not have been forced to make this filing today-the Ninth Circuit should have acted expeditiously, just as the Supreme Court expected them to do-but we will not hesitate to defend the Constitutional system of checks and balances vigorously and resolutely". As a result of the failed case, the previous DC Circuit court ruling made back in 2016 will stand.

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USTelecom downplayed the importance of the court ruling in a statement.

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 trial judge refused to rule on that challenge, concluding that the states had waited too long to challenge the original DACA program. Instead of providing a policy explanation for withdrawing DACA, the Trump administration claims that the program was always illegal.

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. Those are the orders that the Administration has now asked the Justices to overturn.

By a 4-3 ruling, the Supreme Court denied petitions brought by AT&T and broadband lobby groups NCTA, CTIA, USTelecom, and the American Cable Association.

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

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