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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.

For proponents of net neutrality, Monday's Supreme Court decision represents a victory.

"The Department of Justice should not have been forced to make this filing today - the Ninth Circuit should have acted expeditiously, just as the Supreme Court expected them to do - but we will not hesitate to defend the Constitutional system of checks and balances vigorously and resolutely", Attorney General Jeff Sessions said in a statement after the appeals were filed.

The decision [PDF] removes one piece of a jigsaw of legal cases working their way through the law courts that challenge both the 2015 rules - introduced during the Obama Administration under FCC chair Tom Wheeler - and the more recent 2018 rules - introduced during the Trump Administration by FCC chair Ajit Pai.

The appeals, filed more than a year ago, lost most of their practical significance in June, when a new Federal Communications Commission order took effect and abolished the net neutrality rule.

"Much of the current FCC's argument [against net neutrality] depends on ignoring or contradicting the DC Circuit's earlier findings, but now that these are firmly established as binding law, the Pai FCC's case is on even weaker ground than before", Bergmayer said. In the letter, Francisco told the justices that "prompt consideration" of the three cases is essential because nationwide injunctions require the administration to keep the program in place while the litigation challenging efforts to end it continues.




The Supreme Court has ended the court fight over repealed Obama-era "net neutrality" rules that required internet providers to treat all online traffic equally.

In the meantime, the March 5 date to end DACA by the Administration's own action came and went after lawsuits against the shutdown plan went forward in lower federal courts, leading to the three nationwide court orders keeping DACA in intact for the time being. The high court doesn't typically take cases before federal appeals courts rule on them.

The policy has shielded from deportation immigrants dubbed "Dreamers" and given them work permits, though not a path to citizenship.

The Trump administration has argued that Obama exceeded his constitutional powers when he bypassed Congress and created DACA, which offers protections to roughly 700,000 young adults, mostly Hispanics.

Lyle Denniston has been writing about the Supreme Court since 1958.


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