On Monday, President Donald Trump announced his second supreme court Nominee Judge Brett Kavanaugh to discuss Net neutrality bill. Last year in DC court of appeals certain issues were raised because FCC (Federal communication commision) upholding net neutrality bill, and Court considered this bill unconstitutional even if it had been passed by the Congress, According to the report of CNBC.
It’s not the first time Kavanaugh was nominated for DC court of appeals, back then George Bush also take him as a nominee where he had talked on several political and controversial issues. Anyhow, advocates of Net neutrality bill said that some regulations require IPS to maintain internet traffic Whereas IPS like AT&T, Comcast, and Verizon charge for more activities like Video streaming this would then create rows or levels that could stifle the free flow of information.
On the other hand, Kavanaugh issued a dissent on the hearing saying net neutrality bill violates the first amendment:
“First, Congress did not clearly authorize the FCC to issue the net neutrality rule. Congress has debated net neutrality for many years, but Congress has never enacted net neutrality legislation or clearly authorized the FCC to impose commoncarrier obligations on Internet service providers. The lack of clear congressional authorization matters,” Kavanaugh wrotes.
In Kavanaugh viewpoint, the bill is the most consequential law, yet it’s unlawful and must be dropped because of two reasons. The first was FCC never authorized to make this bill, besides, he also said that limiting the actions of internet service providers which will add up to encroach their editorial discretion, and ultimately violates the above amendment.
Furthermore, Kavanaugh could be accepted by Senate possibly in upcoming Autumn, if Senate majority leader Mitch McConnell come along by his side.
“If confirmed by the Senate, I will keep an open mind in every case, and I will always strive to preserve the Constitution of the United States and the American rule of law,” Kavanaugh stated as he accepted the nomination.
A net neutrality case has not been fought before in Supreme court, it is not clear where will the Supreme court justice stand as Judge Kavanaugh is against this bill and if his enactment passes then the decision could affect current internet rules and regulations.