City of Arlington v. FCC

Editor's Note :

City of Arlington v. FCC

A “view” from the courtroom: From the Federal Register to the Stanley Cup – Mark Walsh

FWOTSC: Justice Sandra Day O’Connor, first woman on the Supreme Court – SCOTUStalk

Justices turn down mystery corporation in grand-jury dispute – Amy Howe

SCOTUSblog Coverage

SCOTUSblog Coverage

Mar. 2019

Featured Posts

Sponsored by Casetext

SCOTUStalk see all

Email Digest Sign-Up

Merits Case Pages and Archives

Major Cases

Recent Decisions

Current Relists

Recent Special Features

Live Blog Archives

Mar. 2019

Download our App in the Apple Store

Videos see all

Peabody Award

Sigma Delta Chi

National Press Club Award

Silver Gavel Award

American Gavel Award

Webby Award

Conference of March 22, 2019

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.

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

Featured Posts

A “view” from the courtroom: From the Federal Register to the Stanley Cup – Mark Walsh

FWOTSC: Justice Sandra Day O’Connor, first woman on the Supreme Court – SCOTUStalk

Justices turn down mystery corporation in grand-jury dispute – Amy Howe
Sponsored by Casetext
SCOTUStalk see all
Email Digest Sign-Up
Receive a daily email digest from Feedburner by entering your email.
Merits Case Pages and Archives

Archives

or

This Week at the Court
The Supreme Court released orders from the March 22 conference on Monday; the justices did not add any new cases to their merits docket for next term.
There is a possibility of opinions on Tuesday and Wednesday.
On Monday, the justices heard oral argument in PDR Network, LLC v. Carlton & Harris Chiropractic Inc. and The Dutra Group v. Batterton.
On Tuesday, the justices hear oral argument in Rucho v. Common Cause and Lamone v. Benisek.
On Wednesday, the justices hear oral argument in Kisor v. Wilkie.
On Friday, the justices meet for their March 29 conference.
Major Cases
- Lamone v. Benisek
  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.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- New York State Rifle & Pistol Association Inc. v. City of New York, New York
  Whether New York City’s ban on transporting a licensed, locked and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the commerce clause and the constitutional right to travel.
- The American Legion v. American Humanist Association
  (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.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
see all this term’s cases »
Recent Decisions
- Frank v. Gaos This class action settlement case is remanded for the courts below to address the plaintiffs’ standing in light of Spokeo, Inc. v. Robins.
- Obduskey v. McCarthy & Holthus LLP A business engaged in no more than nonjudicial foreclosure proceedings is not a “debt collector” under the Fair Debt Collection Practices Act, except for the limited purpose of enforcing security interests under 15 U. S. C. §1692f(6).
- Air and Liquid Systems Corp. v. DeVries In the maritime tort context, a product manufacturer has a duty to warn when its product requires incorporation of a part, the manufacturer knows or has reason to know that the integrated product is likely to be dangerous for its intended uses, and the manufacturer has no reason to believe that the product’s users will realize that danger.
- Nielsen v. Preap The judgments of the U.S. Court of Appeals for the 9th Circuit -- that respondents, who are deportable for certain specified crimes, are not subject to 8 U. S. C. §1226(c)(2)’s mandatory-detention requirement because they were not arrested by immigration officials as soon as they were released from jail -- are reversed, and the cases are remanded.
- Washington State Department of Licensing v. Cougar Den Inc. The Supreme Court of Washington’s judgment -- that the “right to travel” provision of the 1855 Treaty Between the United States and the Yakama Nation of Indians pre-empts the state’s fuel tax as applied to Cougar Den’s importation of fuel by public highway for sale within the reservation -- is affirmed.
see all this term’s cases »
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.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. (1) Whether a state may require health-care facilities to dispose of fetal remains in the same manner as other human remains, i.e., by burial or cremation; and (2) whether a state may prohibit abortions motivated solely by the race, sex or disability of the fetus and require abortion doctors to inform patients of the prohibition.
More Petitions »
Recent Special Features
Statistical Snapshot

Cases argued 52

Cases decided 26

Summary reversals 4

Merits cases granted to date 74

see all »
Live Blog Archives
See all
Twitter Feed

Tweets by @SCOTUSblog

Full Calendar Submit Event

Orders/Opinions
Arguments
Conferences

Events
Holidays
Multiple

Download our App in the Apple Store
Videos see all

Justice Sotomayor and Eva Longoria Bastón

On March 1, Justice Sonia Sotomayor spoke with actress Eva Longoria Bastón about Sotomayor’s life, her new children’s book and more.

Peabody Award
Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
American Gavel Award
Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
Webby Award
Awarded the Webby Award for excellence on the internet.

Cases argued	52
Cases decided	26
Summary reversals	4
Merits cases granted to date	74

1
Conference

4
Orders
Opinions

15
Conference

18
Orders
VIRGINIA HOUSE OF DELEGATES V. BETHUNE-HILL (18-281)
SMITH V. BERRYHILL (17-1606)

19
COCHISE CONSULTANCY INC. V. U.S., EX REL. HUNT (18-315)
Opinions

20
FLOWERS V. MISSISSIPPI (17-9572)
Opinions

22
Conference

25
Orders
PDR NETWORK, LLC V. CARLTON & HARRIS CHIROPRACTIC INC. (17-1705)
THE DUTRA GROUP V. BATTERTON (18-266)

26
RUCHO V. COMMON CAUSE (18-422)
LAMONE V. BENISEK (18-726)
Opinions

27
KISOR V. WILKIE (18-15)
Opinions

29
Conference