Advocates for net neutrality say they won't appeal a ruling against the policy, saying they don't trust the US Supreme Court to rule fairly on the issue

Advocacy groups that tried to defend federal net neutrality rules in court won't file an appeal, saying they don't trust the Supreme Court to rule fairly on the issue.

Ars Technica 2025-08-10 Jon Brodkin

Context & Ripple Effects

This closes the latest litigation path after an appeals court found the FCC lacked authority to reinstate the rules in its January ruling on the FCC’s authority. That decision followed an earlier stay in which the court said broadband providers were likely to prevail against the reinstatement effort at the preliminary stage.

The arc has repeatedly turned on courts rather than a durable regulatory settlement: ISPs lost a Title II case in 2016, while the FCC repeal later survived reconsideration after the 2020 challenge to the repeal. The advocates’ decision removes a Supreme Court appeal from this round.

First-order effects

The adverse appeals-court ruling will stand without a Supreme Court challenge from the advocacy groups, ending their direct litigation effort to preserve the federal rules.
The FCC and the advocates lose the remaining appellate avenue identified in this coverage; broadband providers avoid having this ruling immediately reviewed by the Supreme Court.

Second-order effects

Net-neutrality supporters will have to shift emphasis from this appeal to future agency action, legislation, or other legal theories, rather than relying on this case to restore the rules.
Broadband providers face less near-term uncertainty from this particular federal case, while firms and states that previously joined challenges have no further appeal vehicle through these advocates.

Third-order effects

The episode reinforces that federal internet-access policy remains contingent on the scope of FCC authority and judicial interpretation, rather than settled by a single rulemaking.
If this pattern persists, policy durability will depend more on a clearer statutory foundation or a regulatory approach that can survive court review; neither outcome is established by this decision.

The trend: Net-neutrality policy is shifting from recurring FCC rulemaking toward a longer contest over the legal limits of agency authority and the courts that enforce them.

Discussion

r/NoShitSherlock r on reddit
Net neutrality advocates won't appeal loss, say they don't trust Supreme Court | Advocates say Supreme Court shows “hostility toward sound legal reasoning.”
r/politics r on reddit
Net neutrality advocates won't appeal loss, say they don't trust Supreme Court — Advocates say Supreme Court shows “hostility toward sound legal reasoning.”
r/skeptic r on reddit
Net neutrality advocates won't appeal loss, say they don't trust Supreme Court: Advocates say Supreme Court shows “hostility toward sound legal reasoning.”
r/FedEmployees r on reddit
Net neutrality advocates won't appeal loss, say they don't trust Supreme Court Advocates say Supreme Court shows “hostility toward sound legal reasoning.”
r/law r on reddit
Net neutrality advocates won't appeal loss, say they don't trust Supreme Court: Advocates say Supreme Court shows “hostility toward sound legal reasoning.”
r/scotus r on reddit
Net neutrality advocates won't appeal loss, say they don't trust Supreme Court
r/technology r on reddit
Net neutrality advocates won't appeal loss, say they don't trust Supreme Court | Advocates say Supreme Court shows “hostility toward sound legal reasoning.”

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