In Justice John Roberts’ decision, the court abandoned a legal doctrine called “Chevron deference” that has long helped federal agencies defend their regulations in court when challenged by industry groups. Established in a 1984 case, the doctrine held that judges should turn to the executive branch to interpret gaps and ambiguities in the laws they apply, as long as those interpretations are reasonable. Robertson said time had shown that approach was “fundamentally flawed” and had led lower courts to “make an independent determination as to whether the agency acted within its statutory authority.”
This regulatory shift complicates the FCC’s job of enforcing policies that prevent ISPs from prioritizing web traffic (online gaming or IP telephony), which is a cornerstone of net neutrality principles.
Broader implications extend to other federal agencies such as the Environmental Protection Agency and the Federal Trade Commission.
Source: Ferra
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