The High Court has yet to decide on whether to hear the appeal by broadband providers and the government of the 2015 Open Internet order adopted under a Democratic FCC headed by Tom Wheeler. That appeal was essentially mooted by the decision of the Republican FCC under current Republican chairman Ajit Pai to reverse the Open Internet order's classification of internet access as a Title II service and imposition of rules against blocking, throttling, paid prioritization, and future efforts the FCC concluded would hurt an open internet. That was just what the ISPs wanted.

Pai's deregulatory move has been challenged by Mozilla and others in the U.S. Court of Appeal for the D.C. Circuit, but the Supreme Court considered the ISP appeal request and requests by the Trump Administration and ISPs to vacate the 2015 order at its Friday (Oct. 26) conference, according to communications attorney Andrew Schwartzman. Following that conference, at which the Justices decide whether or not to hear appeals, theoretically the court could have weighed in as early as Monday (Oct. 29), but it often holds off cases to a subsequent conference, said Schwartzman.