reference an ongoing partial closing of the U.S. politics , the Federal Communications Commission ( FCC ) on Tuesday move to shelve the next phase of the suit challenging its 2017 decision to repeal net disinterest protections across the nation .
In amotionbefore the District of Columbia appeals court , the FCC ’s counsel wrote that the shutdown would foreclose the agency and relevant Justice Department employees from demand part in unwritten argument next calendar month as scheduled , cite limitation on voluntary work by political science employees during the lapsing in appropriations .
The Antideficiency Actprohibitsthe moved government agency from accepting voluntary services from employee “ except for emergencies involving the prophylactic of human life or the shelter of property . ”
unwritten argument in the net disinterest case is set to begin on Feb. 1 . But there ’s no indication that a spending neb will be sign before the month end ; a matter of plain consternation to the FCC ’s demurrer .
More than 800,000 federal worker are presently without salary . Negotiations between the White House and members of Congress appear ata deadlock .
The Justice Department ’s contingency architectural plan for the shutdown apprize government attorney to request stoppage in all civic sheath until funding becomes available . However , no law precludes the courts from get word cases while the shutdown persists .
The betting odds are n’t in the FCC ’s favor . In a2 - 1 opinionissued last week , the D.C. Circuit denied a similar request while take down it ’s distinctive for the court of justice to do so . The judge also mused that the governance always shows up and argues its cases anyway .
During the 2013 shutdown , the court received 16 request to detain oral arguments . “ Every one of these apparent motion was denied ; and every time , the Government then participated in unwritten contestation , ” the public opinion read .
The suit against the FCC — County of Santa Clara , et al v. FCC , et al — is brought by numerous pro - net neutrality political party including the Mozilla Corporation , the Open Technology Institute , Free Press , Public Knowledge , and 21 land attorney general , among others . The causa includes legion intervenor on both sides , admit several trade organizations correspond America ’s top net service provider .
take the FCC ’s motion to put off unwritten argumenthere .
Ajit PaiNet neutrality
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