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Speaker 1: Well, now it's time for our daily Bloomberg Lawn Brief,

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Speaker 1: exploring legal issues in the news, and this updates brought

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Speaker 1: to you by American Arbitration Association, International Trade or Business

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Speaker 1: Dispute Resolve Faster with the International Center for a Dispute Resolution,

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Speaker 1: the leader in alternative dispute resolution around the world i

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Speaker 1: c d R dot org. Today Bloomberg, Lahst dun Grasso,

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Speaker 1: and Michael Best discussed why A, T and T and

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Speaker 1: other broadband providers are asking the Supreme Court to overturn

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Speaker 1: the Obama Error net Neutrality rule, which bars Internet service

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Speaker 1: providers from slowing or blocking rivals content. They speak with

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Speaker 1: Enrico r a professor at Elon University School of Law,

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Speaker 1: and Daniel Lyons, a professor at Boston College Law School. Oh, Daniel,

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Speaker 1: what is their argument that the FCC made a mistake here?

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Speaker 1: So the there's a handful of arguments that are coming

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Speaker 1: up to the Supreme Court. The primary one is the

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Speaker 1: assertion that the agency simply had no authority to classify

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Speaker 1: I s p s as common carriers. The idea is

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Speaker 1: essentially that these are rules that were written originally to

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Speaker 1: govern the telephone network, and that although Congress was not

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Speaker 1: completely clear in the Telecom Act, which is the last

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Speaker 1: time it revisited these issues. Um that it's like the

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Speaker 1: likely sense of Congress was that these rules were not

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Speaker 1: rules that were intended to govern the Internet. That and

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Speaker 1: said the Internet was to be left with a light touch. Enrique,

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Speaker 1: the Internet and Television Association said this. I'd just like

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Speaker 1: you to react to it. The divided panel decision in

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Speaker 1: this case upheld a commission or that claims unprecedented authority

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Speaker 1: to regulate the Internet. That order was not the culmination

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Speaker 1: of deliberate process and reason decision making. What's your reaction

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Speaker 1: to that? You know, my reaction is that there there

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Speaker 1: is kind of something lurking underneath here. Uh, it's someone

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Speaker 1: that wasn't around before, and that's just to score such

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Speaker 1: I mean, I think a T and T is um

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Speaker 1: and then the other industry folks are are are latching

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Speaker 1: on to some statements that Justice courseus has made but

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Speaker 1: before before his confirmation, mostly concerning the level of deference

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Speaker 1: that courts should apply to agency interpretations of federal law.

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Speaker 1: Justice course, it's back when he was a judge and

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Speaker 1: a commentator was very skeptical of this idea. That courts

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Speaker 1: should defer to agencies. So the language that you just

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Speaker 1: read from the n C T A Brief, some other

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Speaker 1: arguments that Jennie referred to in the A T and

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Speaker 1: T brief, I believe are very much crafted with the

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Speaker 1: idea that Justice COURSEUS could take this net neutrality issue

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Speaker 1: and the and the decision of the d C Circuit

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Speaker 1: as an opportunity to say, uh, courts need to be

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Speaker 1: much more rigorous when courts, when lower courts come to

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Speaker 1: um split decisions on very contested issues. Uh, it's a

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Speaker 1: court job to step in and say affirmative and affirmatively

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Speaker 1: and declaratively exactly what the law should be and how

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Speaker 1: it should be in open died. That's Enrique Army, a

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Speaker 1: professor at Elon University School of Law, and Daniel Lyons,

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Speaker 1: a professor at Boston College Law School, speaking with the

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Speaker 1: Bloomberg Lah host doom Grasso and Michael Best. You can

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Speaker 1: listen to Bloomberg Law weekdays at one pm Wall Street

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Speaker 1: Time here on Bloomberg Radio