The Supreme Court said Monday that it will not hear a closely watched case over the future of the Internet – rejecting a petition by telecom industry groups to consider net neutrality, or the principle that Internet providers should treat all online content equally.

Three of the Court’s justices – Clarence Thomas, Samuel Alito and Neil Gorsuch – would have voted to take up the case, according to the court’s announcement, and overturn a lower court’s decision backing the Federal Communications Commission’s net neutrality rules, which were originally passed in 2015.

But there were not enough justices for a majority, after Chief Justice John Roberts and Justice Brett Kavanaugh recused themselves. (Roberts’ financial disclosures for last year showed that he owned stock in Time Warner, a company that is now owned by AT&T under the name WarnerMedia, while Kavanaugh took part in the case as a judge in the lower court.)

As a result, the decision by the U.S. Court of Appeals for the D.C. Circuit stands. That opinion, in 2016, held that the FCC had acted within its powers when it approved sweeping new rules the year before that imposed new obligations on Internet providers such as AT&T, Comcast and Verizon.