Government asks Supreme Court to shut down DACA

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While the Trump-era FCC has since repealed net neutrality, companies such as AT&T and Verizon brought the appeals court ruling to the Supreme Court along with six other cases, all in the hopes of officially removing the court's decision supporting net neutrality.

The appeals, filed more than a year ago, lost most of their practical significance in June, when a new Federal Communications Commission order took effect and abolished the net neutrality rule.

Jessica Rosenworcel, the Federal Communication Commission's only Democratic Commissioner, noted that the FCC had argued that because the Trump-era FCC had repealed the 2015 rules, the 2016 decision was moot and should be wiped from the books.

Under the Supreme Court's normal schedule, the justices will say in January whether they will take up the appeals.

In September 2017, the government announced plans to phase out the program, but lower court judges blocked the administration from doing so and ordered that renewals of protections for recipients continue until the appeals are resolved.

The US Supreme Court has, in a 4-3 vote, declined to hear challenges to the FCC's 2015 network neutrality order that was adopted during the Obama administration under then-FCC Chairman Tom Wheeler. Four of nine justices must agree to hear a case, but only three voted to grant the petitions.

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The policy, put into place by former president Barack Obama, protected from deportation 700,000 "Dreamers" registered under the program and another 1.1 million who qualify but are not registered.

On the merits of the dispute, the Trump administration contends that its decision to terminate DACA can not be reviewed in court, since the program exists entirely at the executive branch's discretion.

The request comes after the Supreme Court rejected a similar plea in February. As a result of the failed case, the previous DC Circuit court ruling made back in 2016 will stand.

Chief Justice John Roberts and new Justice Brett Kavanaugh didn't participate in the Supreme Court's action.

Even so, in response to that challenge to DACA, the Trump Administration concluded that it could not defend the legality of DACA in its original form.

"The Department of Justice should not have been forced to make this filing today - the Ninth Circuit should have acted expeditiously, just as the Supreme Court expected them to do - but we will not hesitate to defend the Constitutional system of checks and balances vigorously and resolutely", Attorney General Jeff Sessions said in a statement after the appeals were filed.

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