Which is precisely why both sides may make appeals to SCOTUS. The court affirmed the FCC's authority to regulate but limited that authority based on their labeling ISPs as common carriers. The Telecom Act of 1996 explicitly labels basic services such as telephony as "telecommunications" and enhanced services such as Internet as "information-services", the latter not being subjected to common carrier regulations. I'm not sure why you're under the impression that they are declared as common carriers because the Appeals court ruled the opposite.
I doubt that SCOTUS would rule in favor of the FCC anyway because there aren't really any explicit rules allowing the FCC to treat ISPs as common carrier.