Pandering to a Free Press forum, Nancy Pelosi said that the just-passed House resolution on net neutrality isn’t going anywhere in the Senate:

“No one should be guarding the gate on the Internet,” Pelosi said. She said despite the House vote, the resolution isn’t likely to gain support in the Senate. “I don’t think this bill is going anyplace,” Pelosi predicted.

In Ms. Pelosi’s world, life isn’t right if the government isn’t regulating something. The internet isn’t broken. There are more ways to access the internet now through a myriad of platforms that net neutrality regulations are a joke.

Critics of the regulations say they unnecessarily interfere in the private market. Republicans who sponsored the House legislation argued that the FCC overstepped its authority to enact rules that aren’t needed.

Federal Communications Commissioner Michael Copps, who voted to enact the rules in December but advocated for more stringent measures, said net neutrality is one of many communications principles that must be protected.

Mr. Copps’ arrogance is exposed by the fact that the DC Circuit ruled the FCC’s powergrab unconstitutional:

The case before the DC circuit stemmed a citation issued by the FCC against Comcast in 2008 for interfering with or blocking its subscribers’ use of peer-to-peer networking applications. Those applications, such as BitTorrent, allow users to share large files directly with one another but consume significant amounts of bandwidth.

A unanimous three-judge DC Circuit panel ruled the FCC exceeded its authority when it issued the citation, ruling that Congress hadn’t given the FCC the power to regulate an Internet service provider’s network-management practices.

“The commission has failed to tie its assertion of ancillary authority over Comcast’s Internet service to any statutorily mandated responsibility,” the court said in a 36-page opinion.

The FCC’s arrogance isn’t significantly different than the arrogance shown by the Florida Supreme Court in Bush v. Gore. In the initial ruling, SCOTUS ruled that the Florida Supreme Court changed the rules of the game after the fact. Further, they ruled that they ignored Florida state election law. That’s why they returned it to the Florida Supreme Court to apply existing law.

In this instance, the DC Circuit ruled that the FCC attempted to expand their authority without getting legislation approving that expansion. Without legislation expanding the FCC’s authority, FCC-imposed net neutrality is just as forbidden now as it was then.

Ms. Pelosi and the FCC can whine all they want but the ruling this time will remain the same.

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