D.C. Memo: Sixth Circuit with Solid Republican Majority Gets Net Neutrality Case

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Net Neutrality: After a string of setbacks at the Democratic-controlled FCC, broadband ISPs yesterday received some good news: The U.S. Court of Appeals for the Sixth Circuit was chosen to hear the Net Neutrality case and take the first crack at applying the Supreme Court’s new Major Question’s Doctrine to the agency’s second attempt in nine years to saddle ISPs with utility-style regulation. Among the judges listed as active, the Sixth Circuit has 10 appointed by Republican Presidents and six by Democrats. Although the court’s website lists 29 Sixth Circuit judges in all, with 19 of them Republican appointees, 13 of them have taken senior status. For example, 1985 Reagan appointee Ralph B. Guy, Jr., is 94. The Sixth Circuit, perhaps as soon as today, will be asked by ISPs to stay the FCC’s rules before they go into effect on July 22.