Agency power over its authority
City of Arlington v. Federal Communications Commission
In brief
The Court required courts to use Chevron for unclear laws about agency authority and left the Fifth Circuit’s ruling in place.
- Where it stands
- Decided
Decided 6-3 · May 20, 2013 · Opinion by Justice Scalia
- What it’s about
- Arlington and the Federal Communications Commission disputed whether courts must defer to an agency’s reading of an unclear law when it defines the agency’s authority.
- Who it affects
- Courts reviewing an agency’s reading of an unclear law must apply the framework even when the law concerns that agency’s legal authority.
Summary: written with AI from the case record.
What it's about
The Supreme Court said courts must use the Chevron framework (give weight to an agency’s reasonable reading of an unclear law) in that situation and upheld the Fifth Circuit’s ruling.
Arlington and the FCC disagreed over whether courts should defer to the FCC’s interpretation of its authority under a federal law.
Question presented
Should a court apply the Chevron doctrine and defer to an agency's interpretation of its jurisdiction under a particular law when that interpretation is called into question?
What the Court decided
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). 668 F. 3d 229, affirmed.
- Result
- Affirmed
The Court's reasoning
The Court found no separate rule for unclear laws about an agency’s authority. It treated those disputes like other questions about what a law means and required courts to use Chevron’s framework.
The vote
- Joined the judgment
- Concurred in a separate opinion
- Dissented
- Wrote an opinion
- Concurring · 1agreed with the result, wrote separately
- Breyerwrote separately
From the opinions
“A court should not defer to an agency until the court decides, on its own, that the agency is entitled to deference.”
What's next
The Supreme Court has finished its review, and the Fifth Circuit’s ruling remains in place.
Documents
Opinions
Docket activity
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More questions
- What did Chief Justice Roberts say courts must do before deferring?
- He argued that a court must first decide on its own whether Congress gave an agency authority to interpret the law.
- What did Justice Breyer say courts must check first?
- He said courts should first check whether Congress gave an agency power to issue binding interpretations before giving those interpretations special weight.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.