City of Arlington v. FCC
Consolidated with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 11-1545 | 5th Cir. | Jan 16, 2013 | May 20, 2013 | 6-3 | Scalia | OT 2012 |
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
- Opinion analysis – "Pandora's box" stays closed (Miriam Seifter, May 23, 2013)
- Argument recap: Unraveling the fear of unraveling Chevron (Miriam Seifter, January 18, 2013)
- Argument preview: Finally resolving "jurisdictional" deference to agencies – maybe (Miriam Seifter, January 15, 2013)
- Petition of the day (Ben Cheng, August 30, 2012)
| Date | Proceedings and Orders |
|---|---|
| 06/27/2012 | Petition for a writ of certiorari filed. (Response due July 30, 2012) |
| 07/24/2012 | Order extending time to file response to petition to and including August 29, 2012, for all respondents. |
| 07/30/2012 | Brief amici curiae of National Water Resources Association, et al. filed. |
| 08/28/2012 | Brief of respondents CTIA - The Wireless Associations, et al. in opposition filed. VIDED. |
| 08/29/2012 | Brief of respondents Federal Communications Commission, et al. in opposition filed. VIDED. |
| 09/11/2012 | Reply of petitioner City of Arlington, Texas, et al. filed. |
| 09/12/2012 | DISTRIBUTED for Conference of October 5, 2012. |
| 10/05/2012 | Petition GRANTED limited to Question 1 presented by the petition. The petition for a writ of certiorari in No. 11-1547 is granted. The cases are consolidated and a total of one hour is allotted for oral argument. |
| 10/31/2012 | SET FOR ARGUMENT ON Wednesday, January 16, 2013. |
| 10/31/2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents CTIA - The Wireless Association and Verizon Wireless. VIDED |
| 11/06/2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for Intervenors, International Municipal Lawyers Association, et al. |
| 11/08/2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for all petitioners. VIDED |
| 11/15/2012 | Motion to dispense with printing the joint appendix filed by petitioners City of Arlington, Texas, et al. VIDED. |
| 11/19/2012 | Brief of petitioners City of Arlington, Texas, et al. filed. |
| 11/19/2012 | Brief of respondents International Municipal Lawyers Association, et al. in support of petitioners filed. VIDED. |
| 11/20/2012 | Record received from U.S.C.A. for 5th Circuit. (1box) |
| 11/21/2012 | Brief amici curiae of American Farm Bureau Federation, et al. filed. VIDED. |
| 11/21/2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for Cable Telecommunications and Technology Committee of the New Orleans City Council. VIDED. |
| 11/26/2012 | Brief amicus curiae of Southern Company filed. VIDED. (Distributed) |
| 11/26/2012 | Brief amici curiae of National Water Resources Association, et al. filed. VIDED. (Distributed) |
| 11/26/2012 | Brief amici curiae of Cato Institute, et al. filed. VIDED. (Distributed) |
| 11/26/2012 | Brief amici curiae of National Governors Association, et al. filed. VIDED.(Distributed) |
| 11/27/2012 | CIRCULATED |
| 12/03/2012 | Motion to dispense with printing the joint appendix filed by petitioners GRANTED. |
| 12/03/2012 | Motion for divided argument filed by respondent Cellco Partnership d/b/a Verizon Wireless. VIDED. |
| 12/12/2012 | Brief of respondent Cellco Partnership d/b/a Verizon Wireless filed. VIDED. (Distributed) |
| 12/19/2012 | Brief of respondents Federal Communications Commission, et al. filed. VIDED. |
| 12/19/2012 | Brief amici curiae of AT&T Services Inc., et al filed. VIDED. (Distributed) |
| 12/21/2012 | Brief amici curiae of T-Mobile USA, Inc., et al. filed. VIDED. (Distributed) |
| 12/26/2012 | Motion for divided argument filed by petitioner Cable, Telecommunications, and Technology Committee of the New Orleans City Council. VIDED. |
| 12/26/2012 | Brief amicus curiae of PCIA - The Wireless Infrastructure Association filed. VIDED. (Distributed) |
| 01/04/2013 | Motion for divided argument filed by respondent, Cellco Patnership d/b/a Verizon Wireless DENIED. VIDED. |
| 01/04/2013 | Motion for divided argument filed by petitioner DENIED. VIDED. |
| 01/08/2013 | Reply of petitioners City of Arlington, Texas, et al. filed. VIDED. (Distributed) |
| 01/09/2013 | Reply of respondents International Municipal Lawyers Association, et al. in support of petitioners filed. VIDED. (Distributed) |
| 01/10/2013 | Motion for leave to file a reply brief on the merits filed by EMR Policy Institute. VIDED. |
| 01/16/2013 | Argued. For petitioners: Thomas C. Goldstein, Washington, D. C. For respondents: Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C. |
| 01/22/2013 | Motion for leave to file a reply brief on the merits DENIED. |
| 05/20/2013 | Adjudged 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. |
| 06/21/2013 | JUDGMENT ISSUED. |
| 06/27/2013 | Record returned to U.S.C.A. for 5th Circuit |
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.