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Cable, Telecommunications, and Technology Committee v. FCC

Consolidated with City of Arlington v. FCC (11-1545)
Docket No.11-1547
Op. Below5th Circuit
ArgumentJan 16, 2013
Vote6-3
AuthorAntonin Scalia
OpinionMay 20, 2013
TermOctober Term 2012
SCOTUS PageOpinion

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 Antonin 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.

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.

Proceedings & orders timeline

Jun 22, 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.
Aug 28, 2012
Brief of respondents CTIA - THe Wireless Association, et al. in opposition filed. VIDED.Aug 29, 2012
Brief of respondents Federal Communications Commission, et al. in opposition filed. VIDED.
Sep 12, 2012
DISTRIBUTED for Conference of October 5, 2012.
Oct 5, 2012
Petition GRANTED limited Question 1 presented by the petition in No. 11-1545. The petition for a writ of certiorari in No. 11-1545 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 cuirae briefs, in support of either party or of neither party, received from counsel for respondents CTIA-Wireless and Verizon Wireless. VIDED
Nov 8, 2012
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners City of Arlington, et al. 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 respondents International Municipal Lawyers Association, et al. in support of petitioners filed. VIDED.
Nov 19, 2012
Brief of petitioner Cable, Telecommunications, and Technology Committee of the New Orleans City Council filed.
Nov 20, 2012
Record received from U.S.C.A. for 5th Circuit. (1 box)
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 the petitioner. 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 Cello 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. (Distributed) VIDED.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 Cello Partnership 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 8, 2013
Reply of petitioner Cable, Telecommunications, and Technology Committee of the New Orleans City Council filed. (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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