(ARS Technica) — Republican members of Congress urged a federal appeals court to vacate the Federal Communications Commission’s net neutrality rules, saying any such rules should be written by lawmakers instead of the commission.

“Congress certainly did not leave (and would never have left) this issue of great national importance to be decided by the FCC, as it ‘would bring about an enormous and transformative expansion in [the agency’s] regulatory authority without clear congressional authorization,'” 23 Republican representatives led by Marsha Blackburn of Tennessee wrote in a friend of the court brief. (The filing is dated November 4, but it was submitted after a deadline and finally accepted into the record yesterday.)

Congressional Democrats supported the FCC’s rules, but Republicans told the court that the opposing party’s brief “does not represent the views of Congress and in fact is opposed by Members of the majority party in the House.”

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