Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- so we are again doubtful that certiorari will be granted in any cases today.

Cable, Telecommunications, and Technology Committee v. FCC

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
11-1547 5th Cir. Jan 16, 2013
Tr.Aud.
May 20, 2013 6-3 Scalia OT 2012

Disclosure: Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, serves as co-counsel to the petitioners in these cases.

Holding: Courts must apply the Chevron framework to an agency’s interpretation of a statutory ambiguity that concerns the scope of the agency’s statutory authority ( i.e., its jurisdiction).

Judgment: Affirmed, 6-3, in an opinion by Justice Scalia on May 20, 2013. Justice Breyer filed an opinion concurring in part and concurring in the judgment. Chief Justice Roberts filed a dissenting opinion in which Justice Kennedy and Justice Alito joined.

SCOTUSblog Coverage

DateProceedings and Orders
Jun 22 2012Petition for a writ of certiorari filed. (Response due July 30, 2012)
Jul 24 2012Order extending time to file response to petition to and including August 29, 2012, for all respondents.
Aug 28 2012Brief of respondents CTIA - THe Wireless Association, et al. in opposition filed. VIDED.
Aug 29 2012Brief of respondents Federal Communications Commission, et al. in opposition filed. VIDED.
Sep 12 2012DISTRIBUTED for Conference of October 5, 2012.
Oct 5 2012Petition GRANTED limited Question 1 presented by the petition in No. 11-1545. The petition for a writ of certiorari in No. 11-1545 is granted. The cases are consolidated and a total of one hour is allotted for oral argument.
Oct 31 2012SET FOR ARGUMENT ON Wednesday, January 16, 2013.
Oct 31 2012Consent to the filing of amicus cuirae briefs, in support of either party or of neither party, received from counsel for respondents CTIA-Wireless and Verizon Wireless. VIDED
Nov 8 2012Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners City of Arlington, et al. VIDED.
Nov 15 2012Motion to dispense with printing the joint appendix filed by petitioners City of Arlington, Texas, et al. VIDED.
Nov 19 2012Brief of respondents International Municipal Lawyers Association, et al. in support of petitioners filed. VIDED.
Nov 19 2012Brief of petitioner Cable, Telecommunications, and Technology Committee of the New Orleans City Council filed.
Nov 20 2012Record received from U.S.C.A. for 5th Circuit. (1 box)
Nov 21 2012Brief amici curiae of American Farm Bureau Federation, et al. filed. VIDED.
Nov 21 2012Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. VIDED.
Nov 26 2012Brief amicus curiae of Southern Company filed. VIDED. (Distributed)
Nov 26 2012Brief amici curiae of National Water Resources Association, et al. filed. VIDED. (Distributed)
Nov 26 2012Brief amici curiae of Cato Institute, et al. filed. VIDED. (Distributed)
Nov 26 2012Brief amici curiae of National Governors Association, et al. filed. VIDED. (Distributed)
Nov 27 2012CIRCULATED
Dec 3 2012Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
Dec 3 2012Motion for divided argument filed by respondent Cello Partnership d/b/a Verizon Wireless. VIDED.
Dec 12 2012Brief of respondent Cellco Partnership d/b/a Verizon Wireless filed. VIDED. (Distributed)
Dec 19 2012Brief of respondents Federal Communications Commission, et al. filed. VIDED.
Dec 19 2012Brief amici curiae of AT&T Services, Inc., et al. filed. (Distributed) VIDED.
Dec 21 2012Brief amici curiae of T-Mobile USA, Inc., et al. filed. VIDED. (Distributed)
Dec 26 2012Motion for divided argument filed by petitioner Cable, Telecommunications, and Technology Committee of the New Orleans City Council. VIDED.
Dec 26 2012Brief amicus curiae of PCIA - The Wireless Infrastructure Association filed. VIDED. (Distributed)
Jan 4 2013Motion for divided argument filed by respondent Cello Partnership d/b/a Verizon Wireless DENIED. VIDED.
Jan 4 2013Motion for divided argument filed by petitioner DENIED. VIDED.
Jan 8 2013Reply of petitioners City of Arlington, Texas, et al. filed. VIDED. (Distributed)
Jan 8 2013Reply of petitioner Cable, Telecommunications, and Technology Committee of the New Orleans City Council filed. (Distributed)
Jan 9 2013Reply of respondents International Municipal Lawyers Association, et al. in support of petitioners filed. VIDED. (Distributed)
Jan 10 2013Motion for leave to file a reply brief on the merits filed by EMR Policy Institute. VIDED.
Jan 16 2013Argued. For petitioners: Thomas C. Goldstein, Washington, D. C. For respondents: Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C.
Jan 22 2013Motion for leave to file a reply brief on the merits DENIED.
May 20 2013Adjudged to be AFFIRMED. Scalia, J., delivered the opinion of the Court, in which Thomas, Ginsburg, Sotomayor, and Kagan, JJ., joined. Breyer, J., filed an opinion concurring in part and concurring in the judgment. Roberts, C. J., filed a dissenting opinion, in which Kennedy and Alito, JJ., joined.
Jun 21 2013JUDGMENT ISSUED.
Jun 27 2013Record returned to U.S.C.A. for 5th Circuit.
 
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