Re: Yes, this will happen
No, it doesn't separate responsibility. Congress makes the laws, the executive branch enacts the laws, the courts interpret the laws. The problem is that laws are passed for a given set of circumstances, then things change - a lot in the case of technology. If there isn't enough agreement in congress on changes to the law, or the president vetoes, then the executive branch is left to try to figure out how to do the job on their own using authority given to them by congress in those outdated laws (or they imagine/hope is given to them) If someone with standing sues, then the courts decide if they overstepped their authority or not.
We are seeing this play out in multiple domains, it isn't just net neutrality. We are long overdue for an updating on immigration law but we've got the same problem there, and the same thing is resulting - Trump has been trying to act via executive order and the courts have mostly been shooting him down.
Congress was not able to pass anything even with republican majorities in both bodies, and the upcoming democratic house is certainly not going to be willing to pass anything Trump wants on the immigration front, so immigration is dead until 2021 at least. Maybe net neutrality is something we can see bipartisan cooperation on. Trump has made some statements that sound like he might be amenable to something less than Pai's hard line on this front, but if the democrats won't get everything they want so they'd have to give a little too.
Biting the hand that feeds IT
