From what I read, the whole issue turns on the definition of broadband as a Common Carrier according to the suit from Mozilla, which is alleging that the FCC's decision falls under the Arbitrary and Capricious standard. But in the case cited for precedent, the telecoms didn't challenge the FCC's prior claim that Common Carrier applied. If they can successfully do that, then the FCC is free again to abdicate NN regulations. Again, I am not anti-NN. I just think the stronger legal justification, precedent, and evidence is going to be found in antitrust law.