Wednesday, October 03, 2018

Net Neutrality

by Michael C. Dorf

I'll be back in a couple of hours (or less) with another Kavanaugh-related post, but for your morning read, check out my new Verdict column. It provides a brief primer on net neutrality, summarizes the DOJ's argument for pre-emption of California's new net neutrality law, outlines three lines of potential response by California, and offers some broader thoughts on how the conservative attack on the administrative state could be good for progressive regulation in the long run. To be clear, my observations about the potential upside of the attack on the administrative state is an effort to make lemonade out of lemons, not my first-order preference.