18 Association of Research Libraries Research Library Issues 293 2018 common sense and economic reality.” Briefings before the DC Circuit will likely be due during the summer of 2018 with oral arguments to follow. Proponents of net neutrality provisions, including the parties themselves or intervenors, may request a stay from the DC Circuit, which would leave the 2015 Open Internet Order in place until a decision is reached on the merits of the case. In order for such a stay to be granted, proponents will need to demonstrate irreparable harm. As in the previous round of litigation over the 2015 Open Internet Order in the DC Circuit, ARL will file an amicus brief with other organizations to highlight the importance of net neutrality to the higher education and research community. Library organizations and higher education associations offer a unique, noncommercial voice in the litigation proceedings, distinct from the large telecommunications companies and the internet companies that have dominated the long history of the net neutrality debate. Congress In addition to litigation, net neutrality advocates might seek legislative relief. Efforts to reverse the FCC’s decision could take two approaches in Congress. The first is for Congress to overturn the decision through the Congressional Review Act, a process under which Congress can reverse an agency’s decision through a simple majority vote in both houses within 60 legislative days of publication of the agency’s decision in the Federal Register. Even if this resolution passes both houses, it also requires the signature of the President. Democrats in both the Senate and the House of Representatives, with the efforts led by Senator Markey (D-MA) and Representative Doyle (D-PA), have advocated for the use of the Congressional Review Act here. Fifty senators have co-sponsored the resolution to repeal the FCC’s decision, including all forty-nine members of the
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