Trump Administration Urges Supreme Court to Take up DACA Case Immediately
- Author: Eleanor Harrison Nov 08, 2018,
Nov 08, 2018, 2:08
The day before congressional elections in which Trump's anti-immigration rhetoric has taken center stage, the administration urged the justices to throw out three lower court rulings that blocked Trump's plan to wind down the Deferred Action for Childhood Arrivals (DACA) program.
The appeal was unusual in that the FCC's 2015 net neutrality rules have already been repealed under the current administration, following a Commission vote last December in which members voted 3-2 along party lines. The high court doesn't typically take cases before federal appeals courts rule on them.
The Department of Justice made the request Monday after the lower courts failed to meet a deadline for a decision on DACA.
The new FCC position took effect in June.
For proponents of net neutrality, Monday's Supreme Court decision represents a victory.
"Absent prompt intervention from this court, there is little chance the court would resolve this dispute for at least another year", Francisco wrote in a letter to the Supreme Court.
A divided high court refused and instead simply rejected the appeals, leaving the 2016 ruling in place.
Jessica Rosenworcel, the Federal Communication Commission's only Democratic Commissioner, noted that the FCC had argued that because the Trump-era FCC had repealed the 2015 rules, the 2016 decision was moot and should be wiped from the books.
The FCC's repeal of net neutrality is also the subject of separate legal battles, after it was challenged by tech companies and advocacy groups, in addition to more than 20 US states.
Chief Justice John Roberts and new Justice Brett Kavanaugh didn't participate in the Supreme Court's action. They know their repeal of net neutrality was so filled with procedural missteps and outright fraud that they're anxious it will be overturned by next year's net neutrality lawsuits, opening arguments for which begin in February.
United States Telecom Association (USTelecom) president and CEO Jonathan Spalter, echoed that the SCOTUS's vote was expected, as the FCC's more recent Restoring Internet Freedom Order "remains the law of the land USTelecom will continue to support that order from challenges in Washington, D.C. and state capitals".