The Trump administration is seeking the conservative-leaning Supreme Court's endorsement to kill the "Dreamers" program, which protects about 1.8 million undocumented immigrants who arrived in the United States as children.
The administration on Monday asked the Supreme Court to take up three cases about Trump's decision to end the Deferred Action for Childhood Arrivals program, also known as DACA.
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 administration told the appeals court last month that if it didn't rule by October 31, the government would go directly to the Supreme Court to seek resolution during the current nine-month term.
But even as the Supreme Court was weighing whether to take up the appeal, the FCC under Republican chairman Ajit Pai moved to rescind those very rules.
If the Supreme Court, which has a 5-4 conservative majority, agrees to hear the case, a ruling would likely come before the end of June.
Amy Howe of SCOTUSBlog explained that Kavanaugh was "expected to recuse himself from voting on the petitions because he had participated in the cases while on the D.C. Circuit, and he did".
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Instead, the Supreme Court declined to do so.
The FCC itself also was in favor of voiding the decision that upheld its 2015-era rules, according to Jessica Rosenworcel, a Democrat on the commission.
Though SCOTUS' decision is a win for net neutrality proponents, the Obama-era rules were gutted by FCC Commissioner Ajit Pai in December 2017.
The FCC's rescission of the net neutrality rule came after Republicans, led by Chairman Ajit Pai, took control of the agency a year ago.
The FCC's repeal of net neutrality is also the subject of separate legal battles, after it was challenged by tech companies and advocacy groups, in addition to more than 20 USA states. The D.C. Circuit Court found that the FCC was well within its authority to adopt net neutrality rules that prevented Internet service companies from blocking, throttling, or otherwise degrading traffic. Although Justices Samuel Alito, Neil Gorsuch, and Clarence Thomas are said to have favored the appeal, Chief Justice John Roberts and Justice Brett Kavanaugh are said to have recused themselves from making a determination.