Just wondering. Would it matter if they win on state level if the traffic is slowed down on its route in another state? Also do the states even have the authority if the federal government wants to enforce the states to get rid of NN?
State level matters because if you for example get NN restored in California, New York, and Texas, it's cheaper for the ISP to do NN everywhere then to try and figure out all the traffic destined to or coming from a customer in California, New York, or Texas.
Last mile is really the only thing in question here.
1. Because that's where there's a real lack of competition
2. Because traffic going long range is already "slowed down" even with net neutrality. If you are paying a CDN, they likely have paid for higher priority "leased lines" between their data centers, while the rest of the traffic goes over the "regular internet" (keep in mind that the "leased line" and the "regular internet" here are probably the same fiber, the distinction is legal, because under net neutrality carriers are still allowed to charge differently for "leased lines")
Also, I suspect that state-level legislative initiatives are going to be much easier to win than trying to sue executive agencies.