Ajit Pai’s dream of killing net neutrality may soon turn into a nightmare

It’s entirely possible Federal Communications Commission Chairman Ajit Pai’s proposal will die before being implemented. The first obstacle could arrive as soon as July. Should Democratic-leaning FCC commissioner Mignon Clyburn leave the FCC at the end of June as expected, it would leave the body one commissioner short of a quorum, meaning the FCC wouldn’t be able to vote on Chairman Pai’s proposal. (Adding commissioners would likely mean picking yet another fight with congressional Democrats.)

The 1946 Administrative Procedure Act bars “capricious” rulemaking at federal agencies, and experts anticipate credible legal challenges against Chairman Pai’s proposal for not rising above that standard, especially because of how the FCC has bungled public comment.