A three-judge panel at the San Francisco-based federal appellate court heard arguments in May on whether the administration could end DACA, and the federal government had warned it would ask for high-court intervention if the appeals court did not decide by last Wednesday.
The justices rejected that request on February 26, but asked the 9th U.S. Circuit Court of Appeals to quickly process the case so it could return to the high court in a reasonable timeframe.
In opting not to hear the case, SCOTUS leaves in place the existing high court ruling that the FCC has the authority to regulate broadband like a public utility, which supporters of the 2015 Net Neutrality regulations, established by the Obama administration, saw as a win.
A federal circuit court of appeals in Washington, D.C., upheld those rules as legal - though under the Trump administration the FCC has canceled them. Three conservative justices - Clarence Thomas, Samuel Alito and Neil Gorsuch - said they would have set aside the appeals court decision and ordered the underlying case dismissed. Justices John Roberts and Brett Kavanaugh didn't participate in the vote.
Beer enthusiast Kavanaugh was on the DC Court of Appeals that decided the case and back then he dissented and argued that the requirement to not block content violated ISPs' First Amendment rights - and so recused himself from the Supreme Court decision.
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DACA does not provide a path to US citizenship but does allow those accepted into the program to get renewable two-year permits to remain in the country, to go to school, to work and to share in some federal benefit programs.
The Supreme Court decided on Monday that it will not consider a series of challenges from telecom companies to Obama-era net neutrality rules created to bar internet service providers from manipulating loading speeds for specific websites or apps. "By virtue of the district courts' orders, DHS is being required to maintain a discretionary policy of non-enforcement sanctioning an ongoing violation of federal law by more than half a million individuals".
Earlier this year, the Trump administration similarly attempted to jump the line and appeal to the Supreme Court after another lower court ordered that DACA resume. The document noted that the Ninth Circuit Court had held a hearing on May 15, but has not yet issued any ruling. The D.C. Circuit upheld the regulations, prompting industry groups to escalate the case to the Supreme Court.
The FCC's rules, though were largely repealed by the Trump era FCC in December.