Two top attorneys for the Obama administration said the Federal Communications Commission—which this month gained a Democratic majority for the first time under President Joe Biden—shouldn’t attempt to revitalize net neutrality rules because they will be struck down by the US Supreme Court.
Former Solicitor General Donald B. Verrilli Jr., who represented the federal government before the high court from 2011 to 2016, and former acting Solicitor General Ian Heath Gershengorn argued in a legal analysis published Wednesday that an FCC decision to reclassify broadband internet as a common-carrier service wouldn’t survive the conservative court’s “major questions doctrine.”
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