Based on the latest best arguments this week from both the FCC and broadband petitioners, the D.C. Circuit Court of Appeals is very likely to partially stay the FCC Open Internet Order’s reclassification of broadband as a Title II service and imposition of a new Internet conduct standard — in the coming weeks.
Ignoring the language of the law, the Obama administration decided to give tax credits through the federally established exchange. This triggered several lawsuits, with two courts ruling to uphold the law as written, thereby preventing tax credits from being applied to individuals who signed up through the federal exchange, while a third court sided with the administration’s argument Congress simply forgot to write into the law that tax credits could be given through federal exchanges.
Throw enough mud at the wall, and some of it will stick. That seems to be the hope behind the several legal challenges brought against education tax credit scholarship programs. In some cases, choice opponents use the Blaine Amendment as an excuse to extinguish any hint of education freedom. In other cases, they use technicalities, such as a suit saying the statute violates a law requiring each piece of legislation concern only a single subject.