In a 4-3 vote with two recused justices, the U.S. Supreme Court rejected seven appeals of the FCC’s 2015 net neutrality rules that had embraced Title II regulation of broadband. Justices Alito, Thomas, and Gorsuch indicated that they wished to hear the appeals as well as vacate a DC Circuit decision that was deferential to the 2015 rules. Chief Justice Roberts recused himself due to a financial interest conflict while newly installed Justice Kavanagh recused himself due to his prior participation in the matter while at the DC Circuit. The FCC’s 2018 deregulatory action on net neutrality, which rejected Title II regulation of broadband, remains on appeal before the DC Circuit Court of Appeals with oral arguments scheduled for February 1, 2019.
