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The Supreme Court's ruling in the Loper Bright Enterprises v. Raimondo case started a chain reaction that has led to the delay of the FCC's reclassification of the internet under Title II. I had predicted this may happen last month, and the Ohio Sixth Circuit Court of Appeals just released their decision which confirms that the reclassification of the internet indicates a major question, and without 'Cheveron deference,' the court no longer has to accept the FCC's interpretation of the law by default.
There will be further arguments heard late autumn, but the decision also indicates the bar for such a change may be high enough that formal legislation is required. This would be in line with the "major questions doctrine," a formula the Supreme Court has used to determine whether or not the action of a regulatory agency is valid without explicit legislative authority behind it.
It seems increasingly unlikely the courts will allow this to move forward without specific legislation carrying out net neutrality rules or giving the FCC Title II authority over the internet.
