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Where the net neutrality fight stands

A net neutrality supporter last month. Photo: Win McNamee/Getty Images
A net neutrality supporter last month. Photo: Win McNamee/Getty Images

Lawsuits looking to strike down the Federal Communications Commission's repeal of its own net neutrality rules will be heard in the U.S. Court of Appeals for the Ninth Circuit, the court said Thursday.

Unless they don't. Some or all of the plaintiffs could push to move the arguments to the D.C. Circuit, where the case against the net neutrality rules was litigated.

Why it matters: The Ninth Circuit is on the West Coast, in the backyard of Silicon Valley net neutrality activists.

The lottery to decide the location of the court arguments was the result of lawsuits filed against the FCC in different jurisdictions, including by:

  • Attorneys General from more than 20 states, led by New York AG Eric Schneiderman.
  • Advocacy groups Public Knowledge, the National Hispanic Media Coalition, Free Press, the Benton Foundation and the Open Technology Institute.
  • Internet companies Vimeo, Etsy, Expa, Foursquare, Kickstarter, Automattic and Shutterstock as well as telecom firm NTCH.
  • California's Public Utility Commission and Santa Clara County, which both filed in the Ninth Circuit.

Meanwhile, in Washington state the Democratic governor recently signed net neutrality rules into law. Other states are pursuing their own legislation.

  • Per AP: "Governors in five states — Hawaii, New Jersey, New York, Montana and Vermont — have signed executive orders related to net-neutrality issues, according to the National Conference of State Legislatures."

Congressional Democrats are leading an effort to pass a resolution that rolls back the FCC's repeal. They're able to force a vote in the Senate, but don't yet have enough votes for it to pass.

Congressional Republicans are pushing their own net neutrality legislation, but none has yet secured the public support of Democrats.

Jonathan Swan 8 hours ago
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Trump's two-front war

Photo: Jabin Botsford / The Washington Post via Getty Images

President Trump is ending the week with a flop — nowhere close to the border wall funding he wanted in the DACA-less spending bill that congressional leaders released last evening. But he's fulfilling one of his most aggressive campaign promises with his anti-China trade action.

The big picture: Trump's expected announcement today of tariffs on Chinese imports is a big deal, and analysts fear it could provoke a trade war — and it comes as Trump has been battling his own party here at home over the government spending bill.

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The worst flu season in eight years

Note: Activity levels are based on outpatient visits in a state compared to the average number of visits that occur during weeks with little or no flu virus circulation; Data: Centers for Disease Control and Prevention; Chart: Chris Canipe/Axios

This year's flu season caught many experts off guard with both its sustained prevalence and its virulence. At its peak, there was a higher level of flu-like illnesses reported than any other year during the past eight years. Watch in the visual as it hits its peak around Week 18.

Why it matters: Public health officials try to capture this data when developing the next year's vaccines. And, of course, they want to find better ways to prevent severe flu seasons. There's a "Strategic Plan" to develop a universal vaccine to protect against a wider range of influenza viruses, Anthony Fauci, director of the National Institute of Allergy and Infectious Diseases, tells Axios.