D.C. Memo: Names of Sixth Circuit Judges in Net Neutrality Case Confidential for Now
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Sixth Circuit: The names of the federal judges handling the motions filed in the FCC’s Net Neutrality case in Cincinnati will not be revealed at this time but they will become known when decisions are announced, Kelly Stephens, Clerk of the U.S. Court of Appeals for the Sixth Circuit, told Policyband yesterday. Stephens said a motions panel of three circuit judges will be assigned randomly from the court’s 16 active judges and its 13 judges who have taken senior status. Trade associations for national and regional Internet Service Providers have asked the Sixth Circuit to stay the FCC’s rules by July 15, over the strong opposition of FCC litigators. The ISPs have also opposed an FCC motion to transfer the case to the U.S. Court of Appeals for the D.C. Circuit in Washington, D.C. If the Sixth Circuit retained the case and denied the stay, any party aggrieved by the outcome could seek review from Supreme Court Justice Brett M. Kavanaugh, who oversees the Sixth Circuit. The FCC’s rules are scheduled to take effect on July 22. If the case remains in the Sixth Circuit's Potter Stewart U.S. Courthouse, any oral arguments (audio only) will be live-streamed, Stephens said.