Wilkins Replaces Rogers on DC Circuit Net Neutrality Panel; Still Democratic Majority
Judge Robert Wilkins will replace Judge Judith Rogers on the panel reviewing challenges to the FCC's net neutrality rollback order, the U.S. Court of Appeals for the D.C. Circuit announced (in Pacer) Monday in Mozilla v. FCC, No. 18-1051. The…
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move doesn't affect the panel's 2-1 majority of Democratic appointees (see 1901020040): President Barack Obama nominated Wilkins and President Bill Clinton appointed Rogers. The other judges are Patricia Millett, another Obama appointee, and Stephen Williams, appointed by President Ronald Reagan. Asked if the switch changed things, Andrew Schwartzman, counsel for petitioner Benton Foundation, emailed: "Not too much. ... Wilkins and Rogers are unlikely to be very different ideologically. However, he has much less of a track record on tech issues. ... He is more active in oral argument than Judge Rogers. ... When Judge Rogers presides, she is very much by-the-book. Judge Millett will now be presiding; she may be more lax about adhering to time limits." Free State Foundation President Randolph May expects the FCC would "feel more comfortable" with Rogers than Wilkins "on the theory that, in general, he may be more reflexively pro-regulatory and more likely to go along with Judge Millett. But this is really reading tea leaves at the margin.”