The Supreme Court rejected the efforts of the telecommunications companies to cancel the decision of a lower court that confirmed the net neutrality rules established during the Obama administration. AT & T and other telecommunications have asked the court to cancel the decision. the Federal Communications Commission abolished the neutrality of the network last year.
The FCC itself also advocated the annulment of the decision confirming the rules of the 2015 era, according to Jessica Rosenworcel, Democratic Commission.
"It was not enough for this FCC to be restored to #NetNeutrality," Rosenworcel said in a tweet. "In fact, he asked the Supreme Court to erase history and eliminate a previous court ruling that supports open Internet policies, but today the Supreme Court has refused to do so."
It was not enough for that @ FCC to come back #NetNeutrality. In fact, he asked the Supreme Court to erase history and eliminate a previous court ruling that supports open Internet policies. But today the Supreme Court refused to do so.
Let's say this interesting. pic.twitter.com/pUjRScIntt
– Jessica Rosenworcel (@JRosenworcel) November 5, 2018
He added, "Let's say that interesting."
Legal moves reflected the desire of conservatives and industry stakeholders to reinforce the removal of the network neutrality rules by the FCC aimed at limiting the ability of Internet service providers to handle uploading speeds for specific websites or applications .
The rejection came after two conservative judges – Chief Justice John Roberts and Judge Brett Kavanaugh – "did not take part in the examination or decision of these petitions," the court said on Monday.
With the judges removed from the trial, Judges Clarence Thomas, Samuel Alito and Neil Gorsuch were overcome. The court's statement states that the three judges wanted to "petition the petitions, expel the decision of the American Court of Appeals for the District of Columbia Circuit, and warn that court with instructions to dismiss the cases as questionable."
As for why Roberts and Kavanaugh committed suicide, Amy Howe of SCOTUSBlog says:
"The court's younger court, Brett Kavanaugh, was expected to recall himself from the petition for petitions because he had been involved in DC affairs while he did. But chief judge John Roberts was also upset – probably (though there is no way to know for sure) because it holds shares in one of the companies that question the rules. "
As one of the claimants, TechFreedom, he notes, Kavanaugh wrote "a strong disagreement with the BoD's decision to last year not to repeat a decision by the group to back the 2015 decree."
Several of the plaintiffs in the case said the rejection was no surprise, as the FCC has already abolished network neutrality.
"Today's decision is not an indication of the Court's views on the substance but merely reflects the fact that there is nothing left to rule on the Court," the Internet and Television Association said.
However, top court rejection retains the court decision as a possible precedent and makes it even more likely that the issue will resume if the FCC shifts its makeup – which would have happened if the Democrats could win the White House back in 2020.
The abolition of network neutrality by the FCC is also the subject of separate legal battles, since it has been challenged by technology companies and defense teams, except for more than 20 US states.