SCOTUS Grants Extension For Net Neutrality Petitioners

WASHINGTON, June 10, 2025 – Supreme Court Justice Brett Kavanaugh granted a 60-day extension to a coalition of interest groups preparing to challenge a January federal appeals court decision that struck down the Federal Communications Commission’s latest net neutrality order. 

The groups' petition for a writ of certiorari, originally due Monday, June 9, was pushed to August 8, 2025. 

The extension request was filed on May 22 by Free Press, New America’s Open Technology Institute, Public Knowledge, and the Benton Institute for Broadband & Society. The groups argued that additional time was needed due to the complexity of the legal issues and the need for more time to coordinate among the multiple organizations involved.

In their filing, the groups declared the Sixth Circuit’s January ruling – rejecting the FCC’s 2024 reclassification of broadband as a “telecommunications service” under Title II of the Communications Act – conflicted with earlier rulings from the Ninth and D.C Circuits. For example, the Ninth Circuit’s prior decision in AT&T Corp. v. City of Portland, had upheld the FCC’s authority to impose net neutrality. 

Additionally, the interest groups cited logistical challenges would make it hard to consolidate their concerns in a timely manner. 

“Each organization requires time to undertake necessary internal consultations and decision-making processes,” the request stated. “In addition to the time needed to coordinate among the organizations to produce a consolidated petition if they decide to file one.”

The request further argued that the extension would not cause any unnecessary delay, as a resolution by the Court could not be implemented until the next term – after the 2025 elections.

With the FCC under Chairman Brendan Carr now opposing Title II reclassification, the petitioners may face long odds. Carr praised the Sixth Circuit ruling when it was issued in January, calling it “a good win for the country.”