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John Coates

Three GOP judges make up their own reality to vacate the FCC's net neutrality rule.

They cite Supreme Court's precedent-reversing decision in Loper Bright.

They view it as giving them carte blanche to decide not only what statutes mean but answers to complex factual questions in applying those laws.

None of the judges have any technical expertise or knowledge, and they veer from common sense.

Politics corrupting law thru creative fiction is the brave new world Leonard Leo has created.

On the veering from common sense:

Is the AT&T internet service you use more similar to the AT&T telephone lines that you also use, or is more like a data processing service like a cloud-based computer application?

The GOP generalist judges say "well, AT&T has to manipulate data to transmit it via broadband, so it's more like a program, so the FCC can't regulate it like it can telephone services."

Really? AT&T is more like Adobe's Acrobat than it is like ... AT&T?

In fact, because mobile phones now manipulate data, and because old-fashioned telephone services (even copper wires) provide the capability to manipulate data via those phones, the three GOP hacks' textual magic renders the entirety of all telecommunications into "information services" that cannot be regulated as common carriers.

@jciv The state of admin law (and US law more generally) is abyssmal.

@jciv we knew that everything based on expert advice instead of political feels was going to get wiped out. This is only the first big one. Many more to come.

@jciv "Republican" judges, "Democrat" Judges, elected judges.

Sow. Reap.