Why states might win the net neutrality war against the FCC

[Analysis] Can states force Internet service providers to uphold net neutrality? That's one of the biggest unanswered questions raised by the Federal Communications Commission vote to repeal its net neutrality rules. After the FCC vote, lawmakers in more than half of US states introduced bills to protect net neutrality in their states. The governors of five states have signed executive orders to protect net neutrality. The major obstacle for states is that FCC Chairman Ajit Pai has claimed the authority to preempt states and municipalities from imposing laws similar to the net neutrality rules his FCC is getting rid of.Broadband providers that sue states to block net neutrality laws will surely seize on the FCC's repeal and preemption order. The FCC says it can preempt state net neutrality laws because broadband is an interstate service (in that Internet transmissions cross state lines) and because state net neutrality rules would subvert the federal policy of non-regulation. But the FCC's preemption powers are limited, and not everyone is convinced the FCC can actually stop states from protecting net neutrality. Even among legal experts who support net neutrality, there is no consensus.