On April 20, 2022, the Ninth Circuit denied rehearing en banc in an important preemption case. This was a disappointment for WLF, which filed an amicus brief supporting the petition. Despite a D.C. Circuit opinion holding that the FCC’s 2018 net neutrality order preempts conflicting state net neutrality laws, a three-judge panel focused almost exclusively on express preemption, not conflict preemption. As WLF’s brief showed, this circuit split will cause massive uncertainty for regulated parties. WLF’s brief also argued that rehearing was needed because the panel’s concurring member insisted that parties should not appeal preliminary injunction orders. WLF was joined by TechFreedom in filing the brief.
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