Commentary Roundup

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| February 3, 2025

The Supreme Court of the United States SCOTUS located on 1st Street N.E. Washington DC is the highest federal court of the United States.

Carrie Severino on Chevron and Net Neutrality in National Review:

“Net neutrality” rules, which restrict internet service providers’ ability to manage users’ internet access—by, for instance, changing speeds or blocking third-party connections based on content, contractual obligations, or other factors—were for many years a point of contention. The alarmist Left long insisted that such regulation from the Federal Communications Commission was needed to avert a panoply of predatory conduct. Experience has shown that panic to be baseless.

And the legal dimension of the issue carries its own lessons. The odyssey of net neutrality directives, the most recent of which the Sixth Circuit held to be unlawful last month, now stands as a benchmark in the courts’ recent repudiation of the arbitrary and undemocratic regime of Chevron deference.

Mitch McConnell discusses Loper on 60 Minutes:

Recent Supreme Court decisions have addressed the power of federal agencies, including Loper Bright v. Raimondo, which was decided last year. With Loper Bright, a majority of justices rejected the established principle known as the Chevron deference, which held that courts should typically give weight to government agencies when interpreting the laws they enforce.

“This new Supreme Court reversed that,” McConnell said. “And that’s a message to Congress, that if you want us to do something, you better spell it out. And it’s also a message to the private sector, that if you think this agency doesn’t have the authority to do this, sue them and you might have a chance at winning.”