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City of Arlington v. FCC

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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

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

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