Brett Kavanaugh's net neutrality views could have a broad impact if he joins the Supreme Court

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Most critiques of the nomination of Judge Brett Kavanaugh, President Donald Trump’s nominee to replace Justice Anthony Kennedy on the Supreme Court, focus on his positions on a woman’s right to choose, his extreme deference to presidential power, or his views on sensible gun laws. But let me add: His decided opposition to net neutrality and any oversight of big broadband and cable companies like Comcast, AT&T and Verizon represent another incredibly problematic aspect of his judicial rulings that could have a broad impact on Americans for decades to come. In a long dissent when the full DC Circuit Court of Appeals declined to even rehear opponents' arguments that the Federal Communication Commission didn't have the right to regulate broadband providers as "common carries," Judge Kavanaugh made it clear that he believes that big broadband and cable companies should be able to control your internet experience as they see fit. While Kavanaugh’s views are already far outside of the mainstream from his current perch, there is reason to be very concerned about what could happen if he is confirmed to the High Court.

[Gigi Sohn is a Distinguished Fellow at the Georgetown Law Institute for Technology Law & Policy and the Benton Foundation Senior Fellow and Public Advocate. She was Counselor to former FCC Chairman Tom Wheeler from November 2013-December 2016.]


Brett Kavanaugh's net neutrality views could have a broad impact if he joins the Supreme Court