Pro-2015 Net Neutrality Rules Groups Urge Senate to Vote Down High Court Nominee Kavanaugh
Fight for the Future, Free Press, Public Knowledge and 21 other groups jointly urged senators Monday to vote down Supreme Court nominee Brett Kavanaugh because of his dissent in the D.C. Circuit's 2017 en banc affirmation of the FCC's 2015…
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net neutrality rules in USTelecom (see 1705010038). Kavanaugh, if confirmed, is considered likely to generally raise the high court’s bar for FCC regulations in part because of perceptions he will seek to rein in Chevron deference to agency expertise (see 1807100020). Kavanaugh’s opinion in USTelecom “makes clear that he views administrative law and appellate review of agency decisions not as a means to ensure that agencies engage in reasoned decision making, but as a tool to force deregulation and let judges strike down agency actions at will,” the groups said in a letter sent to all senators. Kavanaugh “would side with big telecommunication companies whenever a free and open internet for all is at stake” and “would strike yet another blow to the 21st century’s online mobilization and communication infrastructure, demonstrating support for big cable companies but ignoring the wishes of the American public.” Sens. Richard Blumenthal, D-Conn.; Ed Markey, D-Mass.; and Ron Wyden, D-Ore.; and Rep. Anna Eshoo, D-Calif.; plan to raise their concerns about Kavanaugh’s net neutrality views during a Tuesday conference call with reporters.