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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City of Arlington v. FCC

SCOTUSblog Coverage

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Remembering Justice Stevens – Ian Gershengorn

Justice Stevens: Setting an example for all of us – Jeffrey Fisher

Retired Justice John Paul Stevens has died – Amy Howe

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Merits Case Pages and Archives

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Major Cases

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July 2019

Holiday

Download our App in the Apple Store

Videos see all

Peabody Award

Sigma Delta Chi

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Silver Gavel Award

American Gavel Award

Webby Award