There's still one more higher court that can overturn that decision - SCOTUS. They could conceivably rule that no government agency, state or federal, has the ability to enforce such regulations.
That there was a hail mary appeal to the Supreme Court possible that they elected not to pursue does not negate that the issue is clearly not that the broadband ISPs didn’t see “enough to gain through packet prioritization that it was worth the risk of going to court”.
That's fair. SCOTUS is a roll of the dice lately, and there's no way of telling what crazy rulings they might back. As far as I know, though, that ruling hasn't been appealed.
