June 06, 2013
On May 20, 2013, the Supreme Court announced its decision in City of Arlington v. FCC. The case considered whether a court should give so-called Chevron deference to a government agency’s determination regarding its own jurisdiction.
In an opinion delivered by Justice Scalia, the Court held by a vote of 6-3 that courts must apply Chevron to an agency’s interpretation of a statutory ambiguity regarding its own jurisdiction. Justices Thomas, Ginsburg, Sotomayor and Kagan joined the majority opinion. Justice Breyer filed an opinion concurring in part and in the judgment. Chief Justice Roberts filed a dissenting opinion, which was joined by Justices Kennedy and Alito.
To discuss the case, we have Emily Bremer, who is an Attorney Advisor to the Administrative Conference of the United States. Ms. Bremer’s views are her own and do not necessarily represent the views of the Administrative Conference of the United States or it members.