Supreme Court Rejects Net Neutrality Case

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Those new regulations are the subject of a separate challenge pending in the appeals court, the U.S. Court of Appeals for the District of Columbia Circuit.

The administration told the appeals court last month that if it didn't rule by October 31, the government would go directly to the Supreme Court to seek resolution during the current nine-month term.

The Supreme Court's refusal to take up the case means the prior decision remains on the books as precedent, but doesn't appear to have much practical effect given the rules' repeal. Three conservative justices - Clarence Thomas, Samuel Alito and Neil Gorsuch - said they would have set aside the appeals court decision and ordered the underlying case dismissed.

The Supreme Court's decision does not reverse nor reject the FCC's ruling to repeal net neutrality.

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

In that case - like in the other lawsuits over this issue - challengers say that the White House acted "capriciously and arbitrarily" in ending DACA. The Supreme Court also declined to remove the precedential value of the D.C. Circuit's 2016 opinion.

The new rules, which gave internet service providers greater power to regulate the content that customers access, are now the subject of a separate legal fight after being challenged by numerous groups that backed net neutrality. "Todays decision is not an indication of the Courts views on the merits but simply reflects the fact that there was nothing left for the Court to rule on". To date, the program has shielded some 700,000 immigrants from deportation. The trial judge refused to rule on that challenge, concluding that the states had waited too long to challenge the original DACA program.

This is not the first time the federal government has made this request. Instead of providing a policy explanation for withdrawing DACA, the Trump administration claims that the program was always illegal. Although the DACA program has wide public support, the issue of its continuation got caught up in Congress in the midst of a deep political fight over broader immigration policy and thus DACA has not been rescued by Congress. 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.

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.

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

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