Politico: An Appeals Court Strikes Down Obama’s “Net Neutrality” Rules As Executive Overreach by John Hawkins (Jan. 15, 2015)
“Yesterday’s oral arguments on the recess-appointment issue demonstrated that the Supreme Court may be ready to pull the reins sharply on the Obama administration’s exercise of power. Today, the DC Court of Appeals did the same thing. In a unanimous decision (with some dissent on the justification), the court invalidated the Net Neutrality rules imposed by the FCC when Congress refused to approve them:
By classifying Internet access as an “information service” as opposed to a “telecommunications service” – which is the classification used for traditional telephone companies – the FCC cannot impose its “anti-discrimination” and “anti-blocking” rules on Internet providers, the court said.
“Given that the Commission has chosen to classify broadband providers in a manner that exempts them from treatment as common carriers, the Communications Act expressly prohibits the Commission from nonetheless regulating them as such.”
The decision is blow to President Obama, who made net neutrality a campaign pledge in 2008, and erases one of the central accomplishments of former FCC Chairman Julius Genachowski, who pushed the “Open Internet” order.”
It seems the Supreme Court can actually make decisions once in awhile!