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Administrative law has all kinds of requirements regarding process and motivation. For the most part, the arguments in the legal brief (https://blog.mozilla.org
by azernik 8y ago
Administrative law has all kinds of requirements regarding process and motivation. For the most part, the arguments in the legal brief (https://blog.mozilla.org/wp-content/uploads/2018/11/as-filed-Mozilla-v-FCC-Joint-Reply-Brief-16Nov2018.pdf https://blog.mozilla.org/wp-content/uploads/2018/11/as-filed...) are about decisions being "arbitrary" e.g. not properly justified by public interest.
This is part of why the Obama era's regulatory changes in e.g. telecoms and finance reform took so long to get through the system - they dotted all the i's and crossed all the t's. This is a much more durable way of changing things than an executive order, since it can't be overturned on the whim of the next president.
- betterunix2 8y agoIt is also worth pointing out that Tom Wheeler's decision making was impacted by public comment -- his proposal went from weakening net neutrality rules to a fundamental shift in how ISPs are regulated after a public outcry. Ajit Pai was never going to be affected by public comment and completely dismissed the comments people submitted.