Will the Supreme Court take an interest in net neutrality?

[Commentary] The network neutrality opinion may be the most significant court decision in the telecom space since the Supreme Court’s Brand X decision a decade ago. In a highly deferential decision, the DC Circuit court ratified the Federal Communications Commission’s controversial reclassification of broadband Internet access as a Title II common carrier service, setting the stage for a broad regulatory agenda and permitting greater oversight over the Internet ecosystem. Given the stakes, it is unsurprising that the agency’s opponents refuse to throw in the towel, instead vowing to take the case to the Supreme Court. But will the high court take an interest in the case? If the Justices are interested in the case, there is one important legal question they may find worthy of their time and it is rooted in the deference that was key to the agency’s victory: the scope of the “major questions” exception to the Chevron doctrine.