Cast Your Vote! – See Also – Above the Law

*
Someone
pretending
to
represent
Nintendo
is
filing
fake
DMCA
takedown
notices…
just
like
we
hope

“United
Healthcare”
was
a
fake
for
going
after
Luigi
merchandise
.
[The
Verge
]

*
Judge
Pauline
Newman
claims
the
Federal
Circuit
hid
documents
in
a
bid
to
control
the
media
narrative.
If
they
did,
they
did
a
bad
job
of
it
because
almost
every
media
account
of
the
story
begins
with
“So
anyway,
the
Federal
Circuit
illegally
sidelined
Judge
Newman…”
[Bloomberg
Law
News
]

*
Judge
calls
out
Jay-Z
over
complaints
against
Tony
Buzbee.
[Variety]

*
Microsoft
and
the
ABA
set
up
new
project
to
help
asylum
speakers
before
the
new
administration
tries
to
eliminate
asylum.
[ABA
Journal
]

*
New
York
to
begin

engaging
in
protracted
litigation
with
fossil
fuel
companies

fining
fossil
fuel
companies.
[Reuters]

*
LegalCheek’s
most
read
stories
of
the
year.
[LegalCheek]

*
Social
media
stars
head
to
court.
[Daily
Business
Review
]

The Law Firms We Lost In 2024 – Above the Law



Ed.
note:

Welcome
to
our
daily
feature,

Trivia
Question
of
the
Day!


How
many
law
firms
with
more
than
100
attorneys
dissolved
in
2024?


Hint:
This
year
was
a
little
different
from
2023,
where
we
lost
three
firms
that
once
employed
more
than
100
lawyers
(Stroock
&
Stroock
&
Lavan;
Schnader
Harrison
Segal
&
Lewis;
and
Daugherty
Lordan).



See
the
answer
on
the
next
page.



Staci ZaretskyStaci
Zaretsky
 is
a
senior
editor
at
Above
the
Law,
where
she’s
worked
since
2011.
She’d
love
to
hear
from
you,
so
please
feel
free
to

email

her
with
any
tips,
questions,
comments,
or
critiques.
You
can
follow
her
on BlueskyX/Twitter,
and Threads, or
connect
with
her
on LinkedIn.

How Appealing Weekly Roundup – Above the Law

(Image
via
Getty)




Ed.
Note
:

A
weekly
roundup
of
just
a
few
items
from
Howard
Bashman’s

How
Appealing
blog
,
the
Web’s
first
blog
devoted
to
appellate
litigation.
Check
out
these
stories
and
more
at
How
Appealing.


“What
Judges
Can
Do
for
the
Rule
of
Law
Under
Trump”:
 Nancy
Gertner
and
Joel
Cohen
have this
guest
essay
 online
at
The
New
York
Times.


“Senate
adjourns
without
confirming
D.C.
judges
as
‘vacancy
crisis’
persists;
Local
officials
decried
the
court
vacancies
as
a
problem
for
public
safety”:
 Jenny
Gathright
of
The
Washington
Post
has this
report
.


“The
Supreme
Court
Case
Over
Trans
Youth
Could
Also
Decimate
Women’s
Equality;
The
principle
of
sex
equality
itself
is
at
stake”:
 Law
professor Naomi
Schoenbaum
 has this
essay
 online
at
Politico
Magazine.


“Donna
Adelson
will
stand
trial
for
murder
and
conspiracy
this
June;
Opening
statements
are
expected
to
start
on
or
before
June
9,
according
to
a
new
court
filing”:
 WCTV
of
Tallahassee,
Florida
has this
report
.


“Before
Scopes,
Clarence
Darrow
fought
another
battle.
He
was
accused
of
bribing
a
jury.”
 Christopher
Goffard
of
The
Los
Angeles
Times
has this
report
.

Donald Trump Brags That Daughter Tiffany Trump Graduated ‘No. 1’ In Class – But Georgetown Law Doesn’t Rank Students – Above the Law

Tiffany
Trump
(Photo
by
Alex
Wong/Getty
Images)

Tiffany
Trump

graduated

from
the
Georgetown
Law
in
May
2020,
and
shortly
thereafter,
America’s
then-celebrity
law
student
seemed
to
fade
into
obscurity.
It
is
unknown
whether
she
ever
took
the
bar
exam,
and
it
unknown
whether
she
ever
secured
a
job
within
the
legal
profession.
But
on
the
campaign
trail,
her
father,
Republican
presidential
nominee
Donald
Trump,
is
bringing
his
daughter’s
law
degree
back
to
the
fore.

Last
night,
at
a
campaign
rally
in
North
Carolina,
the
elder
Trump
took
some
time
to
boast
about
his
daughter’s
academic
success
while
at
Georgetown
Law.
“She
was
a
great
student,
and
she
went
to
a
fantastic
law
school,
graduated
No.
1
in
her
class,”
he
said.

Unfortunately,
that
comment
about
her
class
rank
was
a
lie.

NBC
News

has
the
details:

Tiffany
Trump
is
not
on
a

list
of
honors
graduates

for
the
2020
class
published
on
the
school’s
website.
The
Georgetown
University
Law
Center
also
indicated
on
its
website
that
it
does
not
rank
students.

Poor
Tiffany.
Her
father
is
bragging
about
her
nonexistent
law
school
accolades
and
getting
debunked
on
a
national
stage.
The
embarrassment
here
is
real,
and
we
bet
the
would-be
lawyer
isn’t
too
pleased.

We’re
still
waiting
to
see
what
Tiffany
Trump
will
do
with
her
law
degree

and
we’re
certain
that
it’s
not
this.


Trump
says
daughter
Tiffany
Trump
graduated
‘No.
1’
from
law
school
that
doesn’t
have
class
rankings

[NBC
News]



Staci ZaretskyStaci
Zaretsky
 is
a
senior
editor
at
Above
the
Law,
where
she’s
worked
since
2011.
She’d
love
to
hear
from
you,
so
please
feel
free
to

email

her
with
any
tips,
questions,
comments,
or
critiques.
You
can
follow
her
on

X/Twitter

and

Threads

or
connect
with
her
on

LinkedIn
.

Top Biglaw Firm Crowned As Law Firm Of The Year, Achieving Industry Greatness – Above the Law



Ed.
note
:
Welcome
to
our
daily
feature,

Quote
of
the
Day
.


The
attributes
that
distinguish
Paul
Weiss
in
the
marketplace
today
are
very
different
from
those
that
distinguished
our
firm
in
2008
or
even
2018.
And
make
no
mistake,
we
must
continue
to
tweak
and
fine-tune
these
attributes,
fully
embracing
the
uncomfortable
reality
that
our
firm
will
look
quite
different
in
2028
and
2035
from
today.


I’m
acutely
aware
that
law
firms
are
dynamic,
organic
bodies
that
must
continually
adapt
to
thrive
in
an
increasingly
hostile
and
competitive
environment.
It’s
absolutely
critical
that
we
evaluate,
and
continually
reevaluate,
what
attributes
distinguish
Paul,
Weiss
in
today’s
marketplace
so
that
we
can
adapt
prudently,
make
wise
investments
and
always
operate
from
a
position
ahead
of
the
curve.





Brad
Karp
,
chair
of
Paul
Weiss,
in
comments
given
to
the

American
Lawyer
,
reflecting
on
what
it
took
for
the
firm
to
take
home
the
honorific
title
of

Law
Firm
of
the
Year
for
2024
.
The
elite
firm
was
able
to
thrive
this
past
year,
with
record
profits,
impressive
lateral
hires,
big-time
changes
to
its
compensation
and
partnership
model,
passionate
dedication
to
its
pro
bono
efforts,
and
zealous
representation
in
all
its
ongoing
matters.



Staci ZaretskyStaci
Zaretsky
 is
a
senior
editor
at
Above
the
Law,
where
she’s
worked
since
2011.
She’d
love
to
hear
from
you,
so
please
feel
free
to

email

her
with
any
tips,
questions,
comments,
or
critiques.
You
can
follow
her
on BlueskyX/Twitter,
and Threads, or
connect
with
her
on LinkedIn.

ATL Holiday Card Contest: The Finalists! (2024) – Above the Law

Hanukkah
and
Christmas
are
nearly
upon
us,
and
everyone
in
the
legal
profession
is
ready
to
ring
in
the
New
Year,
so
it’s
finally
time
to
reveal
the
seven
finalists
for
our
sixteenth
annual
holiday
card
contest.
But
first
let’s
give
shout-outs
to
some
honorable
mentions
(click
on
each
firm’s
name
to
see
its
card):

1.

Armond
Wilson
:
Behold,
another
holiday
blockbuster
card
from
the
nation’s
4th
best
law
firm
in
Patent
Office
litigation,
per

Patexia
.
In
this
Home
Alone-inspired
hit,
our
nominator
behooves
you
to
“Keep
some
claims,
ya
filthy
animal!”

2.

Diaz
Trade
Law
:
“No
one
has
more
fun
asking
CBP
to
forgive
a
client
for
not
paying
$40M
in
duties
over
10
years
than
Diaz
Trade
Law,”
says
our
nominator.
“And
with
47
federal
agencies
involved
in
regulating
imports
of
goods
into
the
United
States,
DTL
truly
means
it
when
they
say
then
untangle
regulations.”

3.

Shaw
Keller
:
Happy
holidays,
from
your
lawyers’
pets!
This
card
features
paintings
of
all
manner
of
pets,
up
to
and
including
a
bird
and
a
horse.
“We
allowed
one
posthumous
pet
because
otherwise
one
of
our
associates
would
have
had
a
plastic
plant,”
says
our
nominator.

And
now,
the
seven
finalists,
in
alphabetical
order.
Again,
click
on
each
firm’s
name
to
view
its
card.
Please
note
that
most
of
these
cards
have
SOUND,
so
you
might
want
to
turn
your
sound
off
or
down,
or
use
headphones.
Explanatory
comments
come
from
firm
representatives
unless
indicated.

1.

Butler
Snow
:
“This
year,
we
decided
to
take
another
compelling
look
at
lawyers
over-lawyering
seemingly
simple
things.
Admittedly,
it’s
a
bit
of
an
extension
of
our
award
winning
2023
holiday
card.
But
if
it’s
not
broke,
don’t
fix
it,
right?”
Yet
another
excellent
submission
from
lawyers
who
can’t
help
themselves
but
to
over-lawyer
everything.
Our
favorite
part
was
when
of
them
said
they
should
stitch
a
suggested
holiday
greeting
disclaimer
on
a
sweater

“This
holiday
greeting
is
for
informational
purposes
only.
It
does
not
constitute
an
offer,
promise,
or
guarantee
of
any
kind.
Peace,
love,
and
joy
are
subjective,
and
experiences
may
vary.”

and
they
actually
did!
(By
the
way,
where
can
we
get
that
sweater?)

2.

Cades
Schutte
:
A
truly
wonderful
holiday
card
that
shares
the
“spirit
of
aloha,”
straight
from
the
Hawaiian
islands.
Our
nominator
says,
“We
feature
our
client,
Furukawa
Living
Treasure,
a
beloved
senior
community
in
Honolulu,
that
was
about
to
be
shut
down
due
to
permitting
issues.
Through
their
tenacity
and
strong
will,
they
survived
and
are
now
celebrating
their
25th
anniversary.
Our
attorneys
were
honored
to
join
Furukawa’s
anniversary
festivities
and
make
origami
aloha
shirt
crafts
with
the
kupuna
(seniors)
of
the
community.”
This
one
made
us
feel
happy

how
very
sweet!

3.

Davis
Wright
Tremaine
:
The
firm’s
“in-house
creative
team,
Studio
DWT,
proudly
presents
a
delightful
3D
animated
holiday
video
set
in
a
whimsical
gingerbread
ski
lodge
and
resort.
This
festive
video
celebrates
the
sweet
moments
that
inspire
us,
connect
us,
and
make
our
shared
successes
possible.
Studio
DWT’s
expert
storytellers
and
film
producers
have
brought
their
unique
vision
to
life,
delivering
a
heartfelt
message
of
warmth
and
joy
for
the
season.”
This
one
is
a
real
work
of
creative
art.
Nice
job!

4.

Harness
IP
:
“Our
video
holiday
card
stands
out
with
its
unique
blend
of
history,
creativity,
and
holiday
cheer.
By
showcasing
historic
patents
on
sleigh
bells,
we
bring
a
fun
twist
to
a
timeless
holiday
tradition,”
says
our
nominator.
“The
whimsical
elf
band
adds
an
extra
layer
of
charm,
turning
the
story
behind
these
classic
inventions
into
an
engaging
musical
celebration.
This
delightful
mix
of
educational
and
festive
elements
creates
a
captivating
narrative
that
connects
the
past
and
present,
making
it
both
entertaining
and
meaningful.
It’s
not
just
a
card—it’s
an
experience
that
captures
the
spirit
of
innovation
and
joy
that
defines
the
holiday
season!”
This
holiday
card
has
everything
you
could
possibly
want

and
you
can
even
download
an
app
to
turn
your
phone
into
a
set
of
sleigh
bells
each
time
you
move
it!
Absolutely
amazing!

5.

Larson

King
:
This
firm
knows
that
Above
the
Law
editors
are
suckers
for
law
revue
videos,
and
this
is
simply
the
best.
The
11-time
holiday
card
contest
finalist
really
stole
the
show
with
this
submission.
From
our
nominator:
“Our
2024
greeting
highlights
Minnesotans’
love
of
music
by
featuring
assorted
parodies
of
throw-back
tunes
with
a
legal
twist.
Take
a
blast
into
the
past
by
listening
to
hits
such
as

We
Be
Billin’

(Run-D.M.C’s

You
Be
Illin’
),

Don’t
Stop
Appealin’

(Journey’s

Don’t
Stop
Believin’
),

Material
Witness

(Madonna’s

Material
Girl
),
and

Brief
It

(Michael
Jackson’s

Beat
It
).
Also
included
is
Minnesota’s
own
Prince,
featuring

I
Wanna
Be
Your
Lawyer

(a
parody
of

I
Wanna
Be
Your
Lover
).
The
songs
were
custom-created
for
this
video
by
a
local
Minneapolis
musician
and
vocalist.”
We’d
definitely
pay
the
low,
low
price
of
$9.99
for
all
of
these
tunes!
We

LOVED

this
one!

6.

McBrayer
:
A
hilarious
take
on
the
Ebenezer
Scrooge
story,
featuring
Bob
Cratchit
as
a
“former
abused
clerk/new
partner.”
This
lawyerly
view
of
the
Christmas
classic
had
us
cracking
up.
From
our
nominator:
“We
like
to
think
that
we
could
have
helped
famous
miser
Ebenezer
Scrooge
find
the
right
path
in
life
without
supernatural
intervention.
Here’s
our
take
on
how,
with
McBrayer
attorneys
playing
the
roles
of
famous
Dickens
characters
or
simply
themselves.
We’re
biased,
but
our
Scrooge
may
be
one
of
the
better
ones
committed
to
screen.”

7.

Morse
:
From
our
nominator:
“This
year
we
decided
to
really
showcase
the
‘human
side’
of
our
team
by
presenting
their
many
creative
talents
in
a
printable,
shareable,
and
downloadable
e-book
full
of
crafty
DIY
projects
and
gift
options!
The
Morse
team
has
been
finding
creative
solutions
to
legal
issues
for
more
than
30
years,
but
did
you
know
we
can
also
make
a
mean
batch
of
holiday
dog
cookies,
whip
up
some
super
cute
snowman
bath
bombs,
or
decoupage
a
favorite
piece
of
furniture??
But
of
course,
when
it
comes
to
your
legal
needs,
don’t
do
it
yourself!
Call
us.
😉”
Wow!
This
e-book
looks
like
it
could
actually
be
very
helpful
for
those
who
need
to
entertain
elementary
school
students
who
are
home
during
winter
break.
Looking
forward
to
creating
homemade
cookie
mason
jars,
sugar
scrub
sand
art,
and
playdough
thanks
to
Morse!

Now
it’s
time
for
our
audience
to
vote.
We’ll
keep
the
polls
open
through

TUESDAY,
DECEMBER
31,
2024,
at
11:30
p.m.

(Eastern
time).
This
gives
you
ample
time
to
campaign
for
your
pick
over
the
holidays
(but
please,
don’t
cheat).



CLICK
HERE
TO
VOTE
.

Thanks
to
all
the
entrants
and
nominators,
good
luck
to
the
finalists,
and
happy
holidays
to
all!
Above
the
Law
is
happy
to
celebrate
holiday
cheer
with
you!



Staci ZaretskyStaci
Zaretsky
 is
a
senior
editor
at
Above
the
Law,
where
she’s
worked
since
2011.
She’d
love
to
hear
from
you,
so
please
feel
free
to

email

her
with
any
tips,
questions,
comments,
or
critiques.
You
can
follow
her
on BlueskyX/Twitter,
and Threads, or
connect
with
her
on LinkedIn.

Why One Startup CEO Is Excited About the White House’s New AI Czar Role – MedCity News

This
month,
President-elect
Donald
Trump

appointed

former
Paypal
executive
and
Silicon
Valley-based
venture
capitalist
David
Sacks
as
the
White
House’s
first-ever
czar
for
AI
and
cryptocurrency.
Sacks
will
be
in
charge
of
guiding
policy
for
AI
and
cryptocurrency,
which
are
“two
areas
critical
to
the
future
of
American
competitiveness,”
Trump
recently
wrote
in
a

post

on
his
Truth
Social
platform.

There
are
still
many
unknowns
about
how
the
incoming
Trump
administration
will
affect
the
country’s
AI
regulation,
but
analysts
think
restrictions

will
probably
loosen
.
Just
last
month,
Trump

promised

to
dismantle
Biden’s
AI
safeguards
once
in
office. 

It
is
likely
that
Sacks
will
employ
a
looser
approach
to
AI
regulation,
as
he
has
been
an

outspoken
critic

of
regulation
in
the
tech
industry
throughout
his
career. 

One
healthcare
tech
expert

Ryan
Tarzy,
CEO
of

Avandra
Imaging
,
a
federated
network
for
de-identified
imaging
data

thinks
that
this
appointment
will
ultimately
benefit
the
healthcare
industry.

“While
both
campaigns
spoke
to
the
importance
of
AI
and
innovation,
there
is
much
more
evidence
that
the
Trump
administration
understands
the
significance
of
AI
innovation
and
the
consequences
of
falling
behind

especially
in
healthcare.
While
there
is
a
need
for
common
sense
regulations,
if
we
lean
towards
regulation
over
innovation,
we
are
actually
costing
more
lives,”
Tarzy
declared.

For
example,
if
it
takes
three
years
instead
of
one
for
a
new
AI
model
that
improves
cancer
detection
to
be
approved,
all
the
patients
who
could
have
been
saved
over
those
two
extra
years
of
lag
become
“literally
casualties”
of
that
regulation,
he
explained.

To
Tarzy,
the
pace
of
healthcare’s
technological
revolution
is
simply
too
slow.
He
pointed
out
that
he
recently
heard
a

NVIDIA

representative
say
that
healthcare
is
about
three
technological
generations
behind
other
industries. 

“This
is
very
credible,
given
that
a
lot
of
the
industry
still
uses
fax
machines.
It
is
a
human
tragedy.
We
need
to
ensure
we
leverage
all
the
technology
available
to
improve
lives,”
Tarzy
stated.

He
said
he
is
optimistic
that
Sacks’
appointment
will
create
a
“more
innovation-friendly
environment.” 

Tarzy
noted
that
this
belief
was
shaped
by
comments
Sacks
has
made
on

his
podcast
,
in
which
he
has
voiced
support
for
reducing
regulations
that
make
it
harder
for
startups
to
compete
with
established
tech
giants.

“Though
his
influence
as
AI
czar
is
still
uncertain,
his
background
as
an
investor
suggests
he
will
take
a
results-driven
approach,
particularly
when
it
comes
to
supporting
AI
solutions
that
demonstrate
direct
improvements
to
patient
outcomes.
Because
of
this,
I
think
he
is
well-positioned
to
make
healthcare
AI
regulation
more
efficient,
encouraging
compliance
and
innovation
while
bridging
industry
and
government
together,”
Tarzy
stated.

He
added
that
he
thinks
the
U.S.
is
about
to
enter
a
“golden
age”
for
medical
AI.

In
Tarzy’s
view,
looser
AI
regulation
could
help
the
U.S.
healthcare
system
to
catch
up
to
its
counterparts.
More
specifically,
relaxed
regulations
would
enable
innovators
to
accelerate
the
availability
of
tools
that
directly
improve
patient
outcomes,
such
as
early
disease
detection,
he
said.

“For
example,
in
Taiwan,
technology
exists
for
early-stage
pancreatic
cancer
detection,
but
it
is
unavailable
in
the
U.S.
because
of
the
current
regulatory
environment.
It
is
not
a
matter
of
having
the
tools
available

but
establishing
proper
guidelines
that
support
innovation,”
he
declared.

While
he
understands
people’s
concerns
surrounding
reduced
regulations,
Tarzy
thinks
it’s
essential
to
balance
fostering
innovation
and
ensuring
safety. 

“We
are
still
in
the
early
stages
of
AI
development,
and
often,
regulators
do
not
fully
grasp
the
nuances
of
the
technology.
We
should
allow
tech
companies
to
explore
and
truly
understand
what
is
possible
with
this
technology,”
he
declared.


Photo:
Eva
Almqvist,
Getty
Images

Supreme Court Won’t Help Big Telecom Kill NY Law Requiring Affordable Broadband For Poor People – Above the Law

During
peak
COVID
in
2021,
when
everybody
was
freaking
out
about
how
shitty
and
expensive
U.S.
broadband
was
for
telecommuting
and
home
education,
NY
state
officials
had
an
idea:
what
if
we
pass
a
law
demanding
that
ISPs
try
to
provide
cheap
broadband
(a
piddly
25
Mbps
for
$15)
to
low
income
families.

Some
particulars
of
NY’s Affordable
Broadband
Act
:
ISPs
with
less
than
20,000
subscribers
are
exempt.
Only
Americans
on
existing
low-income
programs
could
qualify.
And
the
price
increases
had
to
be
capped
at
two
percent
per
year,
though
this
was
to
be
renegotiated
on
an
ongoing
basis.
This
was
a
limited
form
of
rate
regulation,
and
not
particularly
radical.

But
NY
State’s
Affordable
Broadband
Act
didn’t
last
long.
In
2021
a
US
District
Court
judge blocked
the
law
,
claiming
that
the
first
Trump
administration’s
2017
net
neutrality
repeal
banned
states
from
trying
to
regulate
broadband.
But
courts repeatedly
have
shot
down
that
claim
,
stating
that
the
feds
can’t
abdicate
their
authority
over
broadband
consumer
protection and pre-empt
state
authority.

So
in
April
of
2024,
that
judge’s
ruling
was reversed by
the
US
Court
of
Appeals
for
the
2nd
Circuit.
Last
week
the
Supreme
Court
refused
to
hear
the
case, leaving
the
2nd
Circuit’s
ruling,
and
the
law,
intact
.
It’s
not
clear
when
or
if
New
York
State
will
actually
start
enforcing
it.

As Ars
Technica
 notes,
this
case
has
particular
importance
given
all
the
planned
looming
dismantling
of
the
federal
regulatory
state
during
Trump
2.0:


“The
appeals
court
ruling
is
an
important
one
for
the
broader
question
of
how
states
can
regulate
broadband
providers
when
the
Federal
Communications
Commission
isn’t
doing
so.
Trade
groups
claimed
the
state
law
is
preempted
by
former
FCC
Chairman
Ajit
Pai’s
repeal
of
net
neutrality
rules,
which
ended
Title
II
common-carrier
regulation
of
ISPs.


In
a
2-1
opinion,
a
panel
of
2nd
Circuit
appeals
court
judges
said
the
Pai-era
FCC
“order
stripped
the
agency
of
its
authority
to
regulate
the
rates
charged
for
broadband
Internet,
and
a
federal
agency
cannot
exclude
states
from
regulating
in
an
area
where
the
agency
itself
lacks
regulatory
authority.”

As
Trump
2.0
regulators
like
the
FCC
and
FTC
give
up
on
consumer
protection,
it’s
going
to
punt
many
of
these
fights
to
the
state
level.
Given
corporations spent
so
much
money
gutting
Chevron
deference
in
a
bid
to
turn
federal
regulators
into
decorative
gourds
,
they’re
not
going
to
like
it
much
if
consumer
protection
remains
healthy
and
strong
on
the
state
level.

The
idea
of
“rate
regulation”
is
just
about
the
most
terrible
phrase
imaginable
if
you’re
a
telecom
executive
or
“free
market”
Libertarian
think
tanker
type.
Limiting
price
gouging
in
this
fashion
is
repeatedly
brought
up
as
a
terrifying
bogeyman
in
telecom
policy
conversations,
though
it
very
rarely
manifests.
NY’s
effort
to
help
people
during
COVID
was
a
pretty
far
outlier
in
terms
of
policy
proposals.

But
Big
Telecom
is
clearly
worried
that
if
NY’s
law
is
allowed
to
stand,
the
years
of
rate
regulation
being
off
the
table
to
address
telecom
monopolization
will
come
to
an
end:


“ISPs
are
worried
that
their
success
in
blocking
federal
rules
will
allow
New
York
and
other
states
to
regulate. Telco
groups
told
the
Supreme
Court
 that
the
New
York
law
being
upheld
while
federal
rules
are
struck
down
“will
likely
lead
to
more
rate
regulation
absent
the
Court’s
intervention.
Other
States
are
likely
to
copy
New
York
once
the
Attorney
General
begins
enforcing
the
ABA
[Affordable
Broadband
Act]
and
New
York
consumers
can
buy
broadband
at
below-market
rates.”

Telecoms
want
to
have
their
cake
(no
federal
regulation)
and
eat
it
too
(no
state
laws
filling
the
obvious
void
they
created).
To
be
clear,
there
are
several
cases
currently
ongoing
where
telecoms,
freshly
emboldened
by
a
corrupt
Supreme
Court,
are
arguing
that
the
FCC
has
no
federal
authority
to
do
much
of anything that
helps
real
people
(net
neutrality
wireless
privacy
issues
,
and low-income
affordability
programs
).

So
we’re
kind
of
looking
at
a
dog
caught
the
car
situation.
Telecom
giants
spent
thirty
years
arguing
for
the
complete
dismantling
of
coherent
federal
consumer
protections.
Falsely
claiming
that
gutting
federal
corporate
oversight
would
bring
vast
untold
benefits
to
markets
and
consumers
(spoiler:
that
didn’t
happen
and
will
never
happen).

They
created
this
problem
of
states
passing
a
discordant
number
of
fractured
state-level
laws,
the
resulting
complications
on
pre-emption,
and
all
the
legal
headaches
that
will
now
result.
And
they’re crying
about
the
problem
they
created
.

Corporate
power
(telecom
or
otherwise)
is
at
the
ledge
of
a
generational
quest
to
kill
coherent
federal
governance.
And
they’re
not
much
going
to
like
the
new
world
they
built,
where
states
like
Washington,
California,
Oregon,
and
Maine
all
craft
different
and
inconsistent
laws
filling
the
new
federal
void
on
consumer
protection,
labor
rights,
environmental
law,
public
safety
restrictions,
and
everything
else.

There
will
be
chaos.
And
in
many
markets
where
we’re
not
talking
about
net
neutrality,
but
life
and
death
situations.
Especially
in
states
where
leaders
don’t
believe
in
consumer
protection,
environmental
protections,
or
corporate
accountability
either.

Again,
U.S.
broadband
is
a
failed
market
thanks
to
regulatory
capture.
Regional
telecom
monopolies
dominate
a
region,
then
lobby
to
ensure
market
competition
can’t
take
root,
resulting
in
high
prices,
slow
speeds,
spotty
access,
and
terrible
customer
protection.
Absolutely
any
time
anyone
proposed ANY
FIX
WHATSOEVER
 in
the
last
30
years,
telecoms
and
their
allies
had
embolisms.

Ideally,
you’d
want
to
fix
this
problem
via
antitrust
reform,
stricter
merger
review,
and
policies
that
encourage
free
market
competition.
But
the
“free
market!”
telecom
policy
type
guys
don’t actually want
that.
They’ve
advocated
for
the
total
dismantling
of
federal
oversight.
Now
that
they’ve
got
it,
state
rights,
once
such
a
precious
thing
in
center-right
ideology,
will
be
the
next
target.

Because
the
goal
here
for
corporate
power has
never
been
“free
markets.”
 It’s
market
domination.
They
want
to
be
able
to
behave
anti-competitively
and
price
gouge
captive
customers
free
from any sort
of
state
or
federal
intervention.
After
decades
of
lobbying
Trump
2.0
is
poised
to
deliver
that
goal
on
the
federal
level.
State
autonomy
will
be
next.
People
will
die.
But
the
legal
billable
hours
will
be
epic.


Supreme
Court
Won’t
Help
Big
Telecom
Kill
NY
Law
Requiring
Affordable
Broadband
For
Poor
People


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