The internet is the public square of the 21st century—a vital engine for our economy, our democracy, and our daily lives. Its power derives from its foundational principle: that all data is treated equally. This principle, known as net neutrality, ensures that a startup can compete with a giant, that an independent journalist can be heard alongside a major network, and that your internet service provider (ISP) serves as a neutral gateway, not a gatekeeper.

This principle is now under direct assault. The January 2025 ruling by the Sixth Circuit Court of Appeals, which struck down the Federal Communications Commission’s (FCC) net neutrality rules, is a devastating blow. It was not based on sound technological reasoning or public interest but on a radical judicial philosophy that empowers massive corporations at the expense of consumers and small businesses. The court, emboldened by the Supreme Court’s rejection of Chevron deference in Loper Bright, has effectively tied the hands of the expert agency meant to protect us.

This decision confirms what we have long known: in the face of a captured FCC, a hostile judiciary, and relentless lobbying by telecom giants, only a definitive, durable law passed by Congress can restore and permanently protect net neutrality.

Calling on the FCC to reclassify the transmission component of broadband Internet access as a telecommunications service under Title II of the Telecommunications Act was a mistake, when lawmakers had the authority to prevent broadband providers from creating fast lanes on the Information Highway for those who can pay while leaving ordinary Americans stuck in traffic.

The Failure of the Regulatory and Judicial Path

The recent history of net neutrality is a pendulum swing dictated by politics.

The 2017 repeal under Trump’s FCC Chairman Ajit Pai was a gift to ISPs, conducted with a sham public comment process. The 2024 restoration by the Biden FCC was a return to reason, correctly classifying broadband as an essential "telecommunications service" under Title II of the Communications Act.

The Sixth Circuit’s decision to overturn this has created a crisis of accountability.

By misclassifying broadband as an “information service,” the court has stripped the FCC of its authority to protect consumers from ISP abuses like blocking, throttling, and paid prioritization. This ruling, influenced by a Supreme Court majority that consistently prioritizes corporate power over the rule of law, makes it clear that further litigation is a dead end.

As public interest groups have rightly concluded, appealing this flawed decision to the current Supreme Court would be futile.

The McCormick Plan: A Legislative Solution

Therefore, if elected to the U.S. Senate, my mission will be to bypass this broken system and codify net neutrality into federal law. My strategy will be multi-faceted and relentless:

1. Introduce and Champion the "Net Neutrality and Broadband Freedom Act":
   I will immediately co-sponsor and fight for comprehensive legislation that does three things:

   • Mandates Net Neutrality: Explicitly prohibits ISPs from blocking legal content, throttling data speeds, or creating paid fast lanes.

   • Restores FCC Authority: Clearly classifies broadband internet access as a "telecommunications service" under Title II of the Communications Act, giving the FCC the unambiguous statutory authority it needs to oversee the industry, protect consumers, and enforce the rules.

   • Preempts with Purpose: Establishes a strong, national standard that preempts state laws, but with a crucial caveat: it must set a floor, not a ceiling, for consumer protection. States must retain the ability to enact even stronger provisions should the federal government fail in its duty again.

2. Build a Broad, Bipartisan Coalition:
   Net neutrality is not a partisan issue; it is an American issue. Over 80% of Americans, including a majority of Republicans and Democrats, support it. I will work across the aisle to educate colleagues and highlight the economic and entrepreneurial necessity of a level playing field. We will frame this not as a regulatory debate, but as a debate about fair competition, free speech, and American leadership.

3. Mobilize Public Pressure:
   We will not negotiate behind closed doors. I will use my platform to amplify the voices of consumers, small business owners, startups, and public interest advocates. We will make it politically impossible for any Senator to side with Comcast, Verizon, and AT&T over their own constituents.

4. Support and Defend State Efforts:
   While we fight for a federal solution, I will vigorously defend the rights of states like California, Oregon, and Washington to enforce their own strong net neutrality laws. These states are currently the last line of defense for their residents, and their laws provide a critical blueprint for our federal legislation.

The Internet Belongs to the People

The examples of abuse are not theoretical. From AT&T censoring a rock concert to Comcast throttling BitTorrent, ISPs have proven they will abuse their power without strict, enforceable rules. The Sixth Circuit’s decision green-lights a return to those days.

We are at a crossroads. One path leads to an internet controlled by a few powerful telecom giants who can pick winners and losers, censor speech, and charge everyone new fees for the internet we have today. The other path reaffirms the internet as an open platform for innovation, expression, and opportunity.

I say we must maintain an open internet where users have the freedom to access any lawful content and where everyone can compete on a level playing field. I will go to the Senate not to play political games, but to fight for the people of New Jersey and for the future of a free and open internet. The only way to secure that future is to pass a law. I intend to get it done.

On February 4, 2015, Senator Booker said, "We cannot rest, we cannot relax. The fight for Net Neutrality goes on..." but he failed to make sure a law was enacted under President Obama or under President Biden, who had two years with Democrats in control of both chambers of Congress.