Imagine a world in which a single state could override federal law nationwide. That’s exactly what California did in 2018 with its “net neutrality” law. The Ninth Circuit—unsurprisingly, yet nevertheless breathtakingly—upheld the law in a recent ruling. The Supreme Court must review and reverse this decision as unconstitutional under the Commerce Clause.
In 2015, the FCC enacted so-called “net neutrality” rules that prohibited certain business activities by broadband providers. Recognizing the harm that these rules caused, the FCC under the following administration reversed course, ultimately rescinding the rules in 2018. California didn’t agree with this decision; a mere eight months later, it effectively reinstated the prior rules via state-level decree.
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