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> The filing claims they did act arbitrarily and capriciously. And that's baloney. There are arguments for and against NN, and just claiming "pooh, these other guys just saying nonsense, ignore them" is not a valid argument. It's asking the court to decide that only one side of the policy is correct, and the other side is just idiots. That's not how political decisions should be made in a democratic country. > which completely ignores the fact that the reason they historically have not throttled people is because it was illegal If it was illegal before 2015, then doesn't returning to pre-2015 state keep it so? In any case, if it's not illegal now, the Congress can easily make it illegal, it's not for the court to decide that though. Again, the discussion of whether we can trust providers to not throttle and whether we need government regulation to enforce that does not belong in court. It belongs in public discourse, which leads to electing representatives, which produce relevant legislation (or don't if people do not elect those representatives that want to do it). > The actual argument is pretty technical, but that's the gist of it. I am not nearly qualified to evaluate the technical arguments on merit, but for a common person something like "it's legal to enact NN, but it's illegal to rescind this action" sounds insane. If they just said "you're ok to remove federal NN rules, but you can't prevent us to make such rules on more local level", then they might have an argument there (though it still doesn't make that decision "arbitrary", it's just a discussion about limits of federalism in a particular case) but is that what they are arguing? I thought they are arguing for the return of federal legislation as enacted in 2015, aren't they? |