Harvard Kennedy School
Context, Courts and Commissions: The 6th Circuit Got Net Neutrality Wrong
In issuing a temporary stay of the Federal Communications Commission 2024 Net Neutrality order, the United States Court of Appeals for the Sixth Circuit has gone beyond recent teachings of the Supreme Court to erroneously block exercise of regulatory authority that Congress clearly intended the FCC to exercise. From the Federal Reserve Board to the Federal Trade Commission and beyond, expert agencies have been created as a means for Congress to ensure that durable legislative principles keep up with the times. The current Supreme Court seems not to share that view.