6th Circuit Rejects Net Neutrality En Banc Appeal
The 6th U.S. Circuit Court of Appeals has rejected a public interest group petition for en banc review of the court’s decision against the FCC’s 2024 net neutrality order, an order said Tuesday. “The original panel has reviewed the petition for rehearing and concludes that the issues raised in the petition were fully considered upon the original submission and decision of the cases,” it said. After the petition (see 2502180050) was circulated to the full court, no 6th Circuit judge requested a vote on the petition for rehearing, the order said.
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The en banc appeal came from Public Knowledge, Free Press, the Benton Institute for Broadband & Society and the Open Technology Institute, groups that had filed as intervenors in the original case. The FCC didn’t participate, which attorneys told us likely hurt the appeal’s chances, though en banc appeals are traditionally seen as facing long odds in any circumstance. “Today's decision is disappointing but not decisive,” said Public Knowledge Legal Director John Bergmayer in an emailed statement. Asked if the groups that appealed the decision will seek certiorari from the U.S. Supreme Court, Bergmayer said they “will consider all of our options, and will pursue the path that will best protect the American people from the excesses of broadband internet providers.”