Clarence Thomas regrets ruling used by Ajit Pai to kill net neutrality
Supreme Court Justice Clarence Thomas wants a do-over on his 2005 decision in a case that had a major impact on the power of federal agencies and regulation of the broadband industry.
In National Cable & Telecommunications Association v. Brand X Internet Services, better known as Brand X, Thomas wrote the 6-3 majority opinion that upheld a Federal Communications Commission decision to classify cable broadband as an information service. But in a dissent on a new case, released Monday, Thomas wrote that he got Brand X wrong. Thomas regrets that Brand X gave federal agencies extensive power to interpret US law, a power generally reserved for judges.
"Regrettably, Brand X has taken this Court to the precipice of administrative absolutism," Thomas wrote. "Under its rule of deference, agencies are free to invent new (purported) interpretations of statutes and then require courts to reject their own prior interpretations."
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