Sixth Circuit Blocks Net Neutrality Rules, Citing ISPs Might Win

CINCINNATI—The U.S. Sixth Circuit Court of Appeals has now blocked the Federal Communications Commission's (FCC) net neutrality rules until the end of litigation. The court added that internet service providers and broadband providers suing the FCC are likely to win in the immediate legal challenges. In an order published by the court on August 1, the judges decided that "the petitioners are likely to succeed on the merits because the final rule implicates a major question. ... Net neutrality is likely a major question requiring clear congressional authorization." Such a determination signals that the court may have already reached a decision. Due to that, net neutrality might be at the end of its brief history since being reinstated after being repealed in 2017. The U.S. Judicial Panel on Multidistrict Litigation designated the Sixth Circuit as the appropriate venue for consolidating several cases brought by broadband industry groups and ISPs. The panel consolidated eight cases into a single proceeding with extremely broad implications for these cases. AVN has reported on the lifespan of the revitalized net neutrality rules, which the Democrat-leaning FCC officially adopted in April 2024. Previously, the court issued an administrative stay blocking the rules until August 5, when enforcement was slated to begin. Jessica Rosenworcel, the chair of the FCC, criticized the Sixth Circuit panel. Rosenworcel said, “The American public wants an internet that is fast, open, and fair. Today’s (August 1) decision by the Sixth Circuit is a setback but we will not give up the fight for net neutrality.”  Net neutrality rules were adopted by the FCC under the administration of former President Barack Obama, a Democrat, and repealed by the agency under former President Donald Trump, a Republican. President Joe Biden won the 2020 Presidential Election over Trump and promised in his campaign to reinstate the net neutrality regulations.  Net neutrality eliminates "throttling" on websites that have controversial speech and are subject to the whims of large internet service providers and telecommunications companies like Verizon, Comcast, AT&T Fiber and others. Adult entertainment industry trade group the Free Speech Coalition has previously supported net neutrality. U.S. Sens. Marsha Blackburn, R-Tenn., and Ted Cruz, R-Texas, also introduced a resolution recently in the Democratic-controlled U.S. Senate to kill the Federal Communications Commission's (FCC) order that reinstated net neutrality. The joint resolution was filed under the Congressional Review Act (CRA) in a bid to nullify the net neutrality rules officially adopted in April and slated to have entered force this week. Under the CRA, the Senate and House of Representatives are given stronger oversight to review the rules and regulations adopted by federal regulatory agencies, like the FCC.