Net Neutrality’s Fate Hinges on Major Questions Doctrine

The future of net neutrality may not hinge on the Sixth Circuit’s views of whether it’s fair for a provider to mess with how long it takes certain sites to load, but rather whether the issue is too big a job for the Federal Communications Commission.

Thursday’s oral arguments in a challenge to the FCC’s rules could focus heavily on what’s called the “major questions doctrine” and whether Congress said the agency can unilaterally prevent internet service providers like Comcast Corp. and AT&T Inc. from blocking or slowing traffic from competitors like Google and Netflix Inc.

Under the doctrine, a ...