The multi-state lawsuit [PDF] asks the U.S. Court of Appeals for the D.C. Circuit to review the FCC's repeal order, calling it arbitrary, capricious, and an abuse of discretion that violates federal law.
"An open internet - and the free exchange of ideas it allows - is critical to our democratic process," Schneiderman said in a statement on his website. "The repeal of net neutrality would turn internet service providers into gatekeepers - allowing them to put profits over consumers while controlling what we see, what we do, and what we say online. This would be a disaster for New York consumers and businesses, and for everyone who cares about a free and open internet."
The FCC has not filed its new rules with the Federal Register, so the repeal is not yet final, but the lawsuit has been filed out of "an abundance of caution" and to "preserve the right to be included in the judicial lottery procedure." It's essentially the states' way of establishing the first step towards a full challenge of the FCC's decision.
#BREAKING: I’m leading 22 AGs and filing suit today to stop the @FCC’s illegal rollback of #netneutrality.— Eric Schneiderman (@AGSchneiderman) January 16, 2018
We can’t stand by and watch one of the greatest tools for democracy ever created be turned into a private playground for the rich and powerful. https://t.co/BUXSVVVMcs pic.twitter.com/xDTbE1uIrM
The lawsuit is backed by Attorneys General of New York, California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Kentucky, Maine, Maryland, Massachusetts, Minnesota, Mississippi, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, and the District of Columbia.
In related net neutrality news, 50 senators have now endorsed a legislative measure to override the FCC's net neutrality repeal, reports The Washington Post. With one additional Republican vote, a Senate resolution of disapproval will be able to be passed, but it will still need to make it to the House and be signed by President Trump.
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