US Ninth Circuit Court in San Francisco will hear net neutrality case

The US Judicial Panel on Multidistrict Litigation randomly selected the United States Court of Appeals for the Ninth Circuit to hear the consolidated challenges to the Federal Communications Commission's repeal of net neutrality rules. A dozen challenges [including one filed by the Benton Foundation] 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 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.