Federal regulators just got a new sign that their power is weakening

Key Points

  • Ohio appeals court struck down federal "net neutrality" rules, citing the Supreme Court's Loper Bright ruling.
  • The Loper Bright decision ended the "Chevron deference," reducing the power of federal agencies to interpret unclear statutes.
  • The ruling could lead to a rebalancing of regulatory authority, enhancing judicial power.
  • Some companies are using the Loper Bright ruling to challenge other federal regulations in court.

Summary

The Ohio appeals court's decision to strike down the Federal Communications Commission's (FCC) net neutrality rules marks a significant shift in regulatory power, influenced by the U.S. Supreme Court's 2024 Loper Bright ruling. This ruling overturned the long-standing "Chevron deference," which previously allowed federal agencies considerable leeway in interpreting ambiguous statutes. The court's decision in Ohio Telecom Association vs. FCC highlighted that without this deference, the FCC's authority to reinstate net neutrality rules, which had been repealed under President Trump and later restored by the Biden administration, was invalid. This case exemplifies how the Loper Bright ruling could affect various federal agencies, potentially diminishing their regulatory power while enhancing judicial oversight. The ruling has already been cited in other legal challenges, such as a Texas judge's decision to block an FTC ban on noncompete agreements. The ongoing debate over net neutrality, which has seen multiple administrations flip-flop on the issue, underscores the broader implications of this judicial shift, suggesting a future where regulatory authority might be more balanced between agencies and the judiciary.

yahoo
January 11, 2025
Stocks
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