City of Arlington v. FCC

Consolidated with:

Cable, Telecommunications, and Technology Committee v. FCC

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
11-1545	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

Opinion analysis – “Pandora’s box” stays closed (Miriam Seifter)
Argument recap: Unraveling the fear of unraveling Chevron (Miriam Seifter)
Argument preview: Finally resolving “jurisdictional” deference to agencies – maybe (Miriam Seifter)
Petition of the day (Ben Cheng)

Date	Proceedings and Orders (key to color coding)
Jun 27 2012	Petition for a writ of certiorari filed. (Response due July 30, 2012)
Jul 24 2012	Order extending time to file response to petition to and including August 29, 2012, for all respondents.
Jul 30 2012	Brief amici curiae of National Water Resources Association, et al. filed.
Aug 28 2012	Brief of respondents CTIA - The Wireless Associations, et al. in opposition filed. VIDED.
Aug 29 2012	Brief of respondents Federal Communications Commission, et al. in opposition filed. VIDED.
Sep 11 2012	Reply of petitioner City of Arlington, Texas, et al. filed.
Sep 12 2012	DISTRIBUTED for Conference of October 5, 2012.
Oct 5 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.
Oct 31 2012	SET FOR ARGUMENT ON Wednesday, January 16, 2013.
Oct 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
Nov 6 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.
Nov 8 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
Nov 15 2012	Motion to dispense with printing the joint appendix filed by petitioners City of Arlington, Texas, et al. VIDED.
Nov 19 2012	Brief of petitioners City of Arlington, Texas, et al. filed.
Nov 19 2012	Brief of respondents International Municipal Lawyers Association, et al. in support of petitioners filed. VIDED.
Nov 20 2012	Record received from U.S.C.A. for 5th Circuit. (1box)
Nov 21 2012	Brief amici curiae of American Farm Bureau Federation, et al. filed. VIDED.
Nov 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.
Nov 26 2012	Brief amicus curiae of Southern Company filed. VIDED. (Distributed)
Nov 26 2012	Brief amici curiae of National Water Resources Association, et al. filed. VIDED. (Distributed)
Nov 26 2012	Brief amici curiae of Cato Institute, et al. filed. VIDED. (Distributed)
Nov 26 2012	Brief amici curiae of National Governors Association, et al. filed. VIDED.(Distributed)
Nov 27 2012	CIRCULATED
Dec 3 2012	Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
Dec 3 2012	Motion for divided argument filed by respondent Cellco Partnership d/b/a Verizon Wireless. VIDED.
Dec 12 2012	Brief of respondent Cellco Partnership d/b/a Verizon Wireless filed. VIDED. (Distributed)
Dec 19 2012	Brief of respondents Federal Communications Commission, et al. filed. VIDED.
Dec 19 2012	Brief amici curiae of AT&T Services Inc., et al filed. VIDED. (Distributed)
Dec 21 2012	Brief amici curiae of T-Mobile USA, Inc., et al. filed. VIDED. (Distributed)
Dec 26 2012	Motion for divided argument filed by petitioner Cable, Telecommunications, and Technology Committee of the New Orleans City Council. VIDED.
Dec 26 2012	Brief amicus curiae of PCIA - The Wireless Infrastructure Association filed. VIDED. (Distributed)
Jan 4 2013	Motion for divided argument filed by respondent, Cellco Patnership d/b/a Verizon Wireless DENIED. VIDED.
Jan 4 2013	Motion for divided argument filed by petitioner DENIED. VIDED.
Jan 8 2013	Reply of petitioners City of Arlington, Texas, et al. filed. VIDED. (Distributed)
Jan 9 2013	Reply of respondents International Municipal Lawyers Association, et al. in support of petitioners filed. VIDED. (Distributed)
Jan 10 2013	Motion for leave to file a reply brief on the merits filed by EMR Policy Institute. VIDED.
Jan 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.
Jan 22 2013	Motion for leave to file a reply brief on the merits DENIED.
May 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.
Jun 21 2013	JUDGMENT ISSUED.
Jun 27 2013	Record returned to U.S.C.A. for 5th Circuit

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The Supreme Court released additional orders from the January 11 conference on Monday; the justices called for the views of the U.S. solicitor general in CSX Transportation Inc. v. Alabama Department of Revenue, Alabama Department of Revenue v. CSX Transportation Inc. and Toshiba Corp. v. Automotive Industries Pension Trust Fund.
On Tuesday, the justices released their opinions in New Prime Inc. v. Oliveira and Stokeling v. United States.
On Monday, the justices heard oral argument in Thacker v. Tennessee Valley Authority and Rimini Street Inc. v. Oracle USA Inc.
On Tuesday, the justices heard oral argument in Home Depot U.S.A. Inc. v. Jackson and Azar v. Allina Health Services.
On Wednesday, the justices heard oral argument in Knick v. Township of Scott and Tennessee Wine & Spirits Retailers Association v. Blair.
On Friday, the justices meet for their January 18 conference; John Elwood's Relist Watch compiles the petitions relisted for this conference.
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- Shoop v. Hill Because Danny Hill’s intellectual disability claim must be evaluated based solely on holdings of the Supreme Court that were clearly established at the time the state-court decisions were rendered, the U.S. Court of Appeals for the 6th Circuit’s reliance on Moore v. Texas -- which was handed down much later -- was plainly improper.
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Current Relists
- Altitude Express Inc. v. Zarda Whether the prohibition in Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1), against employment discrimination “because of . . . sex” encompasses discrimination based on an individual’s sexual orientation.
- Bostock v. Clayton County, Georgia Whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination “because of . . . sex” within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2.
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  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
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  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
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6	7 Orders MERCK SHARP & DOHME CORP. V. ALBRECHT (17-290) OBDUSKEY V. MCCARTHY & HOLTHUS LLP (17-1307)	8 HERRERA V. WYOMING (17-532) FOURTH ESTATE PUBLIC BENEFIT CORP. V. WALL-STREET.COM, LLC (17-571) Opinions	9 FRANCHISE TAX BOARD OF CALIFORNIA V. HYATT (17-1299)	10	11 Conference	12
13	14 Orders THACKER V. TENNESSEE VALLEY AUTHORITY (17-1201) RIMINI STREET INC. V. ORACLE USA INC. (17-1625)	15 HOME DEPOT U.S.A. INC. V. JACKSON (17-1471) AZAR V. ALLINA HEALTH SERVICES (17-1484) Opinions	16 KNICK V. TOWNSHIP OF SCOTT, PENNSYLVANIA (17-647) TENNESSEE WINE AND SPIRITS RETAILERS ASSOCIATION V. BLAIR (18-96)	17	18 Conference	19
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Justice Sotomayor at Harvard

On November 13, Justice Sonia Sotomayor, Judge Jennifer Walker Elrod of the U.S. Court of Appeals for the 5th Circuit and Judge Susan Carney of the U.S. Court of Appeals for the 2nd Circuit presided over the final round of the 2018 Ames Moot Court Competition at Harvard Law School.

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Cases argued	43
Cases decided	9
Summary reversals	2
Merits cases granted to date	73

City of Arlington v. FCC

SCOTUSblog Coverage

Featured Posts

Argument analysis: Justices have strong views about removal of class actions – Ronald Mann

Opinion analysis: Interesting 5-4 coalition holds that the ACCA reaches robberies that require force sufficient to overcome resistance – Rory Little

Argument analysis: Justices weigh text and history of 21st Amendment in challenge to state residency requirement for liquor licenses – Amy Howe

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