The Supreme Court won't take up net neutrality - this time

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The U.S. Department of Justice petitioned the Supreme Court Monday to intervene in a trio of cases regarding the termination of the Deferred Action for Childhood Arrivals program.

So what was the telecom industry and its BFFs in the Trump administration trying to do?

Industry trade group USTelecom, one of the groups that challenged the 2015 net neutrality rules, said the high court's action was "not surprising".

The Supreme Court's brief order noted that three of the court's conservative justices - Clarence Thomas, Samuel Alito and Neil Gorsuch - would have thrown out the appeals court decision.

Tonight, the federal government went back to the Supreme Court, asking the justices to step in before three different courts of appeals can rule in the dispute over DACA.

DACA extends temporary legal status to approximately 700,000 migrants, and allows them to obtain work permits. That still remains federal policy.

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Internet firms such as Facebook, Amazon, Google parent Alphabet and Firefox developer Mozilla are in favour of net neutrality, arguing it prevents services providers from levying unfair charges on their businesses. In conjunction with the Trump administration, USTelecom requested that the ruling from the US Court of Appeals for the District of Columbia Circuit be overturned on the basis that the Federal Communications Commission has no congressional authority to impose common-carrier obligations on broadband internet access service, The Hill said.

"The last administration started DACA without a mandate or even an authorization from Congress or the courts; this administration can therefore end DACA at any time", Attorney General Jeff Sessions said in a statement Monday night.

In October, the Justice Department filed notice it would seek the Supreme Court's intervention if the 9th Circuit Court of Appeals didn't issue a verdict on challenges against the program by Oct. 31.

After the Supreme Court's evenly divided order in 2016, a group of states filed a lawsuit in Texas, claiming that the DACA program, as originally drawn up by the Obama Administration, was illegal under immigration laws and was unconstitutional. The Supreme Court also declined to remove the precedential value of the D.C. Circuit's 2016 opinion. Instead, lower courts are examining how the government chose to wind it down.

If the new cases proceed at the Court on the regular timetable and review is granted, they could be heard and decided by the end of the current term late in June.

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