Published: Fri, November 09, 2018
Industry | By Kenny Hampton

Federal government returns to Supreme Court on DACA termination

Federal government returns to Supreme Court on DACA termination

The Trump administration was on the side of the FCC and supported the industry's request that the Supreme Court vacate the original ruling that legitimized net neutrality under President Obama. "The ISPs went all out to push FCC Chairman Ajit Pai to repeal the agency's Net Neutrality rules - and then ran to the Supreme Court looking for a do-over on earlier cases that rightly upheld those rules".

But the Trump administration is asking the Supreme Court to skip ahead in the process - and step in before the lower courts are finished. The administration wants to get the case on the justices' docket for the current term, which ends in June.

Before Comcast, AT&T, Verizon and friends convinced the Trump FCC to ignore the public and kill net neutrality, they attempted to dismantle the rules legally. In a brief two-sentence order in February, the court rejected the government's request "without prejudice" - leaving the government the option to file another petition for review later on, presumably after the 9th Circuit ruled on its appeal. Four of nine justices must agree to hear a case, but only three voted to grant the petitions.

In that case - like in the other lawsuits over this issue - challengers say that the White House acted "capriciously and arbitrarily" in ending DACA.

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Last month, frustrated by delays, the department filed notice that it would seek the high court's intervention if the 9th Circuit court did not rule by October 31.

The appeal sought to challenge a lower court ruling that upheld Obama-era net neutrality rules that banned Internet service providers from giving preferential treatment to certain websites, CNBC reported.

On the merits of the dispute, the Trump administration contends that its decision to terminate DACA can not be reviewed in court, since the program exists entirely at the executive branch's discretion. In January, Alsup put the phase-out of the program on hold, saying it would be devastating to the 700,000 affected immigrants. Newly confirmed Supreme Court Justice Brett Kavanaugh and Chief Justice John Roberts both recused themselves from the petitions. The government also asked the court to review all three cases together, but it noted that it had brought them all to the Supreme Court at the same time to ensure that at least one of them would be suitable for review. The Trump administration is seeking to convince the Supreme Court to consolodate those cases because they make the same substantive objections to the planned DACA recession, and toss them all out on the merits.

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