In the case, known as Brand X, the court sided with the Federal Communications Commission’s decision not to regulate broadband cable providers, rejecting a federal appeals court ruling that would have required regulation. “Although I authored Brand X, ‘it is never too late to surrender former views to a better considered position,’ ” Thomas wrote, borrowing language from Justice Robert Jackson in 1950. Thomas wrote a dissenting opinion Monday when the court declined to take on a case asking it to overrule the Brand X decision.
