Federal government returns to Supreme Court on DACA termination

08 November, 2018, 21:31 | Author: Leah Owens
  • A rubber stamp stamping the word

In 2016, the U.S. Court of Appeals for the District of Columbia ruled in favor of the FCC's regulations protecting net neutrality in United States Telecom Association v. At the time, the justices added what seemed to be a caveat to their ruling, writing that although they were turning down the government's application, it "is assumed that the Court of Appeals will proceed expeditiously to decide this case". 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 federal government has asked the Supreme Court to take up two related questions.

DACA does not provide a path to US citizenship but does allow those accepted into the program to get renewable two-year permits to remain in the country, to go to school, to work and to share in some federal benefit programs.

The US Supreme Court has declined to hear the broadband industry's challenge of Obama-era net neutrality rules. "USTelecom will continue to support that order from challenges in Washington, D.C. and state capitals". 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. Although his majority at the Commission has repealed the net neutrality rules, today's decision should weaken those who are contesting the now-binding 2016 DC Circuit Court's decision upholding the rules.

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USTelecom downplayed the importance of the court ruling in a statement. 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.

"The district court's order requires the government to indefinitely tolerate - and, indeed, affirmative sanction - an ongoing violation of federal law being committed by almost 700,000 aliens pursuant to the DACA policy", the Justice Department said.

He said Free Press plans to file a final brief in a new appeal challenging the FCC rollback of the rules under Chairman Pai. The Supreme Court's arguments calendar usually fills up by mid-January, so, unless the ninth circuit issues an expedited ruling, it's unlikely the administration would have the opportunity to challenge the ruling before the High Court before next year.

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