Earlier this year, the Federal Communications Commission (FCC) voted in April to reinstate net neutrality rules that had been rescinded by former President Donald Trump.

Yet in a decision sure to upset the White House, a federal court moved this week to block the Obama-era regulations from taking effect. 

Court says FCC likely needs "clear congressional authorization"

According to the Washington Examiner, that ruling was promulgated on Thursday by 6th U.S. Circuit Court of Appeals.

"The final rule implicates a major question, and the commission has failed to satisfy the high bar for imposing such regulations," the court wrote.

The judges went on to point out that "[n]et neutrality is likely a major question requiring clear congressional authorization."

The FCC is thus prohibited from enforcing its net neutrality mandate until the matter has been fully adjudicated. Further arguments are expected to be heard in October or November.

FCC Chairwoman Jessica Rosenworcel responded to Thursday's ruling with a statement, saying, "The American public wants an internet that is fast, open, and fair. Today’s decision by the Sixth Circuit is a setback but we will not give up the fight for net neutrality."

Rule treats internet service providers as common carriers

Net neutrality is predicated on the idea that internet service providers should not discriminate based on the source or destination of data.

It further holds that internet service providers should be treated as common carriers under Title 2 of the Communications Act and thus be subject to the same regulations as telecommunications providers.

However, critics contend that net neutrality rules represent an example of government overreach which stifles the free market.

Those critics include David Williams, who serves as president of the Taxpayers Protection Alliance. He told the Examiner that the Biden administration is attempting "to correct a problem that didn’t exist."

Critics say net neutrality is a power grab

"And quite frankly, it's just wanting to grow the size of government because this gives the FCC more power and more control over the internet," Williams added.

Republican-appointed FCC Commissioner Brendan Carr is another critic, with Fox Business quoting her as saying, that "there's no reason for the government to go down this path of granting itself more powers to second-guess all the decisions about the internet functions."

"So my worry is that it's a power grab without any need or justification, and it's very difficult to predict the harms that could ultimately flow from that" she asserted.