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States take net neutrality fight to court as Senate resolution reaches 50 votes

The attorneys general of 22 states on Tuesday asked a federal court to intervene in the FCC's plan to roll back net neutrality protections, while a resolution of disapproval in the U.S. Senate crept closer to passage.




New York Attorney General Eric Schneiderman is leading the lawsuit on behalf of 22 states and the District of Columbia. The group is arguing that the FCC violated procedure with its rollback vote, citing the Administrative Procedure Act which precludes the commission from "arbitrary and capricious" policy changes.

It should be noted that the FCC has not formally published the rule change, so the lawsuit is - for the moment - more of a preemptive move.

"An open internet and the free exchange of ideas it allows is critical to our democratic process," Schneiderman said. "The repeal of net neutrality would turn internet service providers into gatekeepers allowing them to put profits over consumers while controlling what we see, what we do, and what we say online."

Meanwhile, a resolution to overturn the FCC's decision in the U.S. Senate now has 50 votes, according to the Washington Post. The entire Democratic caucus is behind the bill, as senators search for one more Republican vote before bringing the measure to the floor.

If successful, the Senate measure would still need to be passed by the House - where Republicans enjoy a larger majority - and signed by the president. Though chances of that are slim, any Republicans in opposition are likely to face questions about their stance on the campaign trail this fall.