Sign in Subscribe
Randy May

Can the FCC’s Net Neutrality Rules Survive the Major Questions Doctrine?

Justice Brett Kavanaugh is on record as saying net neutrality is unlawful.

Ted Hearn

Ted Hearn

— 7 min read
Can the FCC’s Net Neutrality Rules Survive the Major Questions Doctrine?
Photo of Brett Kavanaugh being sworn in as an Associate Supreme Court Justice by retired Justice Anthony Kennedy in 2018

WASHINGTON, April 23, 2024 – The FCC’s new net neutrality rules likely have a rendezvous with the U.S. Supreme Court. A trip to the high Court would not be unprecedented, seeing as the nine Justices decided a major net neutrality-related case involving cable broadband providers in 2005.

The judicial scenario suggested isn’t inevitable. Congress could pass a new law, taking the issue from the FCC, and a Republican-controlled FCC could take power and gut the net neutrality rules adopted under FCC Chairwoman Jessica Rosenworcel. That’s exactly what happened after Republican FCC Chairman Ajit Pai replaced Democratic FCC Chairman Tom Wheeler in 2017.

Post tagged in
Randy May EPA FCC Net Neutrality Ajit Pai Jessica Rosenworcel Tom Wheeler Brett Kavanaugh Major questions doctrine US Telecom v. FCC Turner broadcasting v. FCC NCTA v. Brand X Public Knowledge Nat Purser Sri Srinivasan David Tatel

Read more

Popular Tags

Wireless Association: Exempt Deployments from Environmental Policy Act FCC California Democrat Releases $15 Internet Affordability Bill Broadband's Impact Minnesota: Keep BEAD Fast and Grounded in Local Expertise BEAD Minnesota: Keep BEAD Fast and Grounded in Local Expertise NTIA Wireless Association: Exempt Deployments from Environmental Policy Act Infrastructure Rep. Louis Riggs: BEAD's Groundhog Day Moment Broadband Mapping and Data