Decoding the Sixth Circuit Court's Decision on Net Neutra...

The return of net neutrality was short-lived as the Sixth Circuit Court of Appeals struck down rules that would have prevented internet service providers from favoring some apps or websites over others. This decision concludes a decades-long fight for a more equitable internet and serves as a prediction of what may await other consumer protections in the future. The court's decision is largely based on Loper Bright Enterprises v. Raimondo, a recent Supreme Court decision that overturned the legal doctrine known as Chevron deference.

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Understanding Net Neutrality and Its Impact

Net neutrality refers to the principle that all internet traffic should be treated equally, without any discrimination or preference given to certain sites or services. Under the Obama administration, protections were in place to prevent broadband providers from engaging in bandwidth discrimination or slowing speeds for certain customers or sites. These protections, however, were rolled back shortly after Donald Trump took office in 2017. With the recent court decision, we are largely back to the status quo.

The Role of the Chevron Deference

Under the Chevron deference, courts were required to defer to regulatory agencies in deciding how relevant laws should be interpreted when their provisions were unclear. The recent Supreme Court decision overturned this doctrine, freeing courts to decide for themselves. Critics argue that this allows courts to substitute the subject matter expertise of regulatory agencies with their own.

Implications for Future Policy Interpretation

The Sixth Circuit's decision, citing the Loper Bright case, sets a precedent for future rulings. It demonstrates how courts might use the end of Chevron deference to shape policy across various sectors, from tech to the environment to health care, especially in areas where legislative ambiguity reigns. This could result in the first panel of judges hearing an issue setting nationwide policy.

Possible Solutions and Future Directions

One way to address the imbalance of power resulting from the end of Chevron deference is for Congress to pass a bill that explicitly gives agencies the authority to interpret laws. However, this seems unlikely in a GOP-led legislature that's wary of the administrative state. Another option is for Congress to codify net neutrality as federal law, a move that outgoing FCC chair Jessica Rosenworcel still hopes for.