2015 Net Neutrality Order Case Held Over to Next Supreme Court Conference
The Supreme Court didn't announce Monday whether it will review, let stand or vacate a ruling by the U.S. Court of Appeals for D.C. Circuit that affirmed the prior FCC's 2015 net neutrality order. A decision on Daniel Berninger v.…
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FCC, No. 17-498, wasn't on the court's order list after the case was distributed for justices' Friday conference. It was again distributed for potential consideration at this coming Friday's conference, said a notice in the docket. Berninger wants the court to grant cert and review the case on the merits, but net neutrality advocates urge cert denial. Given the current commission's order undoing Communications Act Title II net neutrality regulation, the government and ISP groups want the court to grant cert but vacate the D.C. Circuit judgment and remand the 2015 order litigation with directions to declare related legal challenges moot, or to the consider the effect of the 2018 order.