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US appeals court in San Francisco will hear net neutrality appeal

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A federal judicial panel said on Thursday that challenges to the Federal Communications Commission’s repeal of the Obama era open internet rules will be heard by an appeals court based in San Francisco.

The U.S. Judicial Panel on Multidistrict litigation said it randomly selected the U.S. Ninth Circuit Court Nth circuit to hear the consolidated challenges. The FCC declined to comment on the decision.

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A dozen challenges have been filed by 22 state attorneys general, public interest groups, internet companies, a California county and the state’s Public Utilities Commission seeking to block the Trump administration’s repeal of landmark rules designed to ensure a free and open internet from taking effect.

The suits were filed in both the Ninth Circuit and District of Columbia appeals court. Of the Ninth Circuit court’s 24 active judges, 18 were appointed by Democratic presidents and six by Republican President George W. Bush. There are six current vacancies and President Donald Trump has nominated two candidates.

The FCC published its order overturning the net neutrality rules in the Federal Register on Feb. 22, a procedural step that allowed for the filing of legal challenges.

The Republican-led FCC in December voted 3-2 to overturn 2015 rules barring service providers from blocking, slowing access to or charging more for certain content on the internet.

Trump in January criticized opponents for filing cases in the Ninth Circuit and asserted in a tweet they “almost always” win before being reversed.

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New York, California, Illinois, Massachusetts, New Jersey and Pennsylvania are among the states challenging the decision, arguing the FCC cannot make “arbitrary and capricious” changes to existing policies and that it misinterpreted and disregarded “critical record evidence on industry practices and harm to consumers and businesses.”

FCC Chairman Ajit Pai has said he is confident the order will be upheld.

The White House Office of Management and Budget still must sign off on some aspects of the FCC reversal before it takes legal effect. That could take months.

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The repeal of the net neutrality rules was a victory for internet service providers like AT&T Inc, Comcast Corp and Verizon Communications Inc, conferring power over what content consumers can access.

On the other side, technology companies including Alphabet Inc and Facebook Inc have thrown their weight behind a congressional bid to reverse the net neutrality repeal.

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Reporting by David Shepardson; Editing by Cynthia Osterman


Report typos and corrections to: [email protected].
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Here’s why Trump contradicted his own White House on the Supreme Court rulings

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Following the Supreme Court's pair of 7-2 decisions rejecting President Donald Trump's claim to have absolute immunity from subpoenas, he blasted the ruling on Twitter, claiming he being unfairly targeted and the victim of "prosecutorial misconduct." However, White House Press Secretary Kayleigh McEnany released a statement saying that "President Trump is gratified by today’s decision."

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‘They deserve it’: Republican strategist tells GOP it’s their own fault for going down with Trump because ‘they know better’

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Republican strategist Susan del Percio said that there is no excuse for GOP members who failed to do the right thing and fight back against President Donald Trump when they had the opportunity.

Speaking to MSNBC's Joy Reid Thursday, del Percio called Trump "the anchor" around the GOP's necks, "dragging them down."

"But, you know what, they deserve it," she continued. "There are Republicans out there that deserve this because they know better. They should have been better on impeachment. They should have been holding him accountable all along. Now they are scared and worried about themselves. Well, boohoo, you brought it on. there's no excuse."

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‘The monarch has taken a body blow’: Ex-prosecutor explains why Court ruling is devastating for Trump

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On MSNBC Thursday, former federal prosecutor John Flannery broke down the implications of the Supreme Court's ruling against President Donald Trump on immunity from subpoenas.

"I think what it says is that the monarch has taken a body blow as a result of what will be an historic decision, as we've indicated," said Flannery. "I think that the position of the DA in New York is very special, because he can speed this up in a way that the House can',t and has a specific strength, I think, in this case, that it is criminal."

"The most significant thing about it is this is the first Supreme Court case in which there's ever been agreed that a prosecutor could subpoena a president," added Flannery. "Prior prosecutions have been federal, that have been treated by the Supreme Court. So this is a big difference. The majority of the court, 7-2, basically said, from 1740 on, the public is entitled to the testimony, to the evidence of any person. They said that the documents — the question is the character documents, not the character of the person. In this case, what we have is a situation which I bet that the DA is going to go to the court as soon as possible, move to compel an appearance to their subpoena, and going to have the discussion as to what if anything may be limited or excluded and get production as quickly as possible."

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