The USTA (the telecoms) position was that the lower decision should be vacated as moot: Thomas, Alito, and Gorsuch were indeed siding with the telecoms by being

The USTA (the telecoms) position was that the lower decision should be vacated as moot: Thomas, Alito, and Gorsuch were indeed siding with the telecoms by being in favor of granting cert and vacating the circuit court decision. The (now-surviving) decision upholding the previous FCC order is an inconvenience for the telecoms as it's more or less a roadmap for reintroducing the FCC's previous rules under a Commission with a different makeup. Of course the ideal for them would be to have the case flatly overturned, that was obviously not in the cards once the FCC reversed itself. Vacating the decision would be the next best option (and, to be fair, one that's perfectly defensible as a proper course of action for the Court to take). It was also the new position of the FCC itself, for fairly clear reasons. So it's an interesting case where both parties, by the time of the actual decision, agreed on what they wanted the Court to do (and didn't get it). From the USTA's latest filing: > The petitions for a writ of certiorari should be granted, the decision below vacated, and the case remanded for the court of appeals to dismiss the petitions for review as moot.