The U.S. Supreme Court on Monday refused a request by the Trump administration and the telecommunications industry to wipe away a lower court decision that had upheld Obama-era net neutrality rules aimed at ensuring a free and open internet, though the justices' action does not undo the 2017 repeal of the policy.
The notice also noted that: "Chief Justice and Justice Kavanaugh took no part in the consideration or decision of these petitions".
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.
That court, the 9th U.S. Circuit Court of Appeals, heard arguments in May but hasn't ruled. They have not been in effect since June.
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A 2018 Tesla Model 3 electric vehicle is shown in this photo illustration taken in Cardiff, California, US, June 1, 2018. Both the SEC and US Department of Justice are looking at whether Tesla misled investors about its business.
That leaves the conservatives with a solid five-to-four majority in the high court, elevating the chance the Trump administration could win support for its stance on DACA.
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.
"USTelecom will continue to support that order from challenges in Washington, D.C. and state capitals", the trade group said. The state agreed in October to delay enforcement of the law pending appeals of the net neutrality reversal. After the repeal was finalized earlier this year, the FCC and the Department of Justice asked the Supreme Court to declare the prior decision "moot" and scrap it. In imposing the rules, the FCC reclassified internet service as a common carrier, a regulatory maneuver that was met with staunch opposition from major internet providers like Comcast, AT&T, and Verizon.
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.
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