Given that the USTelecom v. FCC appellate challenge of the FCC’s Open Internet Order is so important to net neutrality, the FCC’s authority over the Internet, and broadband providers’ future, and given that Judge Tatel’s thinking is so important to the outcome of this case, wouldn’t it be important to better understand Judge Tatel’s personal reasoned public explanation of how courts adjudicate cases just like USTelecom v. FCC?
The surest evidence that President Barack Obama’s environmental policies have gone too far comes from the federal courts, which in the past five months have struck down or limited several of his executive orders and regulations.
The reason most often cited for the success of the nonpolitical candidates is the frustration with Washington; the sense that the system is broken. Voters feel that we have no control and that government has gone wild. Even people who don’t watch the news or closely follow politics are aware of the “overreach.” It seems that, perhaps, the messages the outsiders have been heralding on the trail has caught on.
Last week, hydrologist and Science Director of The Heartland Institute, Dr. Jay Lehr participated in a roundtable discussion on Steel on Steel – a weekly program dedicated to “the sharpening of ideas, news, commentary, interview, information and debate.” Lehr and president of Less Government, Seton Motley, were brought on to talk about the Environmental Protection Agency’s overreach and regulations.
As is clear from the rise of Donald Trump, Ben Carson, and Carly Fiorina in the Republican presidential primaries and the groundswell of support for socialist Bernie Sanders among Democrats, a large portion of the American public has become fed up with the national government’s apparent takeover by powerful special-interest groups. Each new day brings another story of bad legislation and worse court decisions giving certain classes of people advantages denied to the rest of the people.
In today’s edition of The Heartland Daily Podcast, H. Sterling Burnett, managing editor of Environment & Climate News speaks with State Rep. Mike Kuglitsch, a businessman and two term state rep who chairs the energy and utility committee. Rep. Kuglitsch joins Burnett to discuss his efforts in fighting federal environmental regulations at a state level.
Want to understand the full significance of Chicago’s red-light camera program? Consider an imaginary world in which laws are enforced and prosecuted by robots and algorithms instead of flesh-and-blood people.
Now that the dust has settled on the Supreme Court’s 2014 session, we can look at the decisions and conclude that the Administration received a serious smack down. Two big cases got most of the news coverage: Hobby Lobby and the National Labor Relations Board’s (NLRB) recess appointments. In both cases, the Administration lost. At the core of both, is the issue of the Administration’s overreach.
As regular readers know, it has been my firm position that, after the DC Circuit’s Verizon decision, absent convincing evidence of market failure and demonstrable consumer harm, the FCC should not try to reinstate the net neutrality regulations the DC Circuit tossed out. Nevertheless, when Chairman Wheeler announced his intent to move forward with yet another net neutrality rulemaking, this time one based on a “commercial reasonableness” standard for assessing Internet providers’ practices, I said in a statement that “there appear to be elements in his proposal that may mitigate the otherwise potential harmful effects of unnecessary government intervention.”
The FCC seems bent on overreaching their legal authority – yet again.
At the NCTA convention, Chairman Wheeler said: “I believe the FCC has the power – and I intend to exercise that power – to preempt state laws that ban competition from community broadband.” And in an FCC blog post, Chairman Wheeler also said this preemption of states on muni-broadband “is an issue that remains high on my agenda, and we will be announcing more on this topic shortly.”