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Friday round-up

Coverage continues of Monday’s decision in City of Arlington v. FCC, in which the Court held by a vote of six to three that courts must apply Chevron deference to an agency’s interpretation of a statutory ambiguity concerning the scope of the agency’s statutory authority. Miriam Seifter breaks down the decision for this blog, while Jeremy P. Jacobs of Greenwire reports that the ruling “could be a boon” for the Environmental Protection Agency. In his column for Verdict, Vikram Amar considers the broader implications of the decision and concludes that “[o]nly time will tell whether the schism between the majority and the dissenters in Arlington portends bigger battles over Chevron deference, one of the main pillars of modern administrative law.”

Yesterday Sri Srinivasan, who currently serves as the Principal Deputy Solicitor General, was unanimously confirmed to fill a vacancy on the U.S. Court of Appeals for the D.C. Circuit. Coverage comes from Nina Totenberg at NPR, Richard Wolf of USA Today, and Michael Doyle of McClatchy — all of whom note that the D.C. Circuit has served as a stepping stone for several of the Court’s current Justices. Meanwhile, Ian Millhiser lists ten other potential Supreme Court nominees in a Democratic administration at Think Progress.

Yesterday Noel Canning, a Yakima, Washington, bottling company, filed its brief in National Labor Relations Board v. Noel Canning, in which the federal government is seeking review of the D.C. Circuit’s decision that the President’s recess appointments to the NLRB are unconstitutional. The company argues that the D.C. Circuit’s decision was correct, but that certiorari was nonetheless “appropriate.” Lyle covers the filing for this blog, while John Elwood has coverage for The Volokh Conspiracy.


  • At NPR, Nina Totenberg reports on the Supreme Court Historical Society’s recent reenactment of Flood v. Kuhn, the unsuccessful challenge to baseball’s antitrust exemption by baseball player Curt Flood. Justice Sotomayor presided over the trial, with Pamela Karlan and Roy Englert serving as the advocates.
  • At this blog, Tom collects remembrances of Evelyn Buggs, a longtime staff member of the Office of the Solicitor General who died yesterday.
  • At View from the Wing, Eric M. Fraser discusses Northwest, Inc. v. Ginsberg, in which the Court granted cert. on Monday; at issue in the case is whether airline passengers who are removed from a “frequent flyer” entitlement list have a right under state law to sue the airline for alleged violation of a promise that they could continue to enjoy the benefits.

Disclosure: Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, served as co-counsel to the petitioners in City of Arlington v. FCC.

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Recommended Citation: Allison Trzop, Friday round-up, SCOTUSblog (May. 24, 2013, 10:19 AM),