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Trump Administration Returns To Supreme Court, Seeking End To DACA

09 November, 2018, 04:12 | Author: Arnold Gilbert
  • Supreme Court rejects industry challenge of 2015 net neutrality rules

The U.S. Department of Justice petitioned the Supreme Court Monday to intervene in a trio of cases regarding the termination of the Deferred Action for Childhood Arrivals program.

The US Supreme Court has declined to hear the broadband industry's challenge of Obama-era net neutrality rules.

The Supreme Court case therefore could not have had any effect upon the now-repealed regulations themselves, but aimed rather to challenge the FCC's authority to pass such regulations at all.

A federal circuit court of appeals in Washington, D.C., upheld those rules as legal - though under the Trump administration the FCC has canceled them. Other challenges to DACA repeal efforts are now before appeals courts in NY and Washington, D.C.

The high court decision not to throw out the 2016 U.S. Court of Appeals for the District of Columbia Circuit ruling leaves a legal precedent in place that could help net neutrality supporters in any future legal battle if that policy is ever re-introduced.

The Trump administration and internet service providers had asked justices to wipe away a ruling that had temporarily preserved the Obama-era net neutrality regulations.

New York Attorney General Barbara Underwood, who served as acting solicitor general in the Clinton administration, said the Justice Department has shown serious disregard for ordinary judicial process in the DACA case and other disputes in a Monday evening tweet.

Requests like this-for the Court to review a matter before the appellate courts have issued their own rulings-are rarely granted, but that hasn't stopped Francisco from filing such requests on more than one occasion.

The Ninth Circuit heard oral arguments in the case pending before it in May but has not yet issued a ruling. They give 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. That, it noted, would put all of the cases before the Supreme Court, pulling them away from the appeals courts so that the lower courts could not then go ahead and rule on the program while the Supreme Court's review continued.

The program is keeping about 700,000 young people from being deported, NPR's Joel Rose notes.

In February, the Court denied the administration's request to step into the fight to end DACA, stating in its order that it believed the lower courts would act expeditiously in resolving the cases. His work has appeared here since mid-2011.

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