Government asks Supreme Court to shut down DACA

Judy Cobb
November 8, 2018

The Trump administration and the telecom industry had wanted to erase the 2016 ruling even though the Republican-led Federal Communications Commission in December voted to repeal the net neutrality rules. 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 main remaining issue for the Supreme Court was whether to set aside the 2016 federal appeals court decision that upheld the net neutrality rule as being within the FCC's authority.

There was no initial timetable from the justices on when they would decide whether to grant the Trump administration's latest petition.

The Trump administration and internet service providers had asked justices to wipe away the ruling by the US Court of Appeals for the District of Columbia Circuit that had temporarily preserved the net neutrality regulations championed by Democratic former President Barack Obama.

It takes four of the nine justices to agree to hear a case.

The Supreme Court has ended the court fight over repealed Obama-era "net neutrality" rules that required internet providers to treat all online traffic equally.

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"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. Neither gave a reason, but Kavanaugh played a role in the case on the appeals court, saying he would have overturned the net neutrality rule.

The legality of the separate DACA program for undocumented immigrant youths had never been tested in court (although an expansion of that program fell with the court rulings against the program for undocumented parents).

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.

But the Supreme Court today said it has denied petitions filed by AT&T and broadband lobby groups NCTA, CTIA, USTelecom, and the American Cable Association.

The Department of Justice made the request Monday after the lower courts failed to meet a deadline for a decision on DACA.

Under the Supreme Court's normal procedures, the challengers in each case would have 30 days to file their briefs opposing review. His work has appeared here since mid-2011.

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