Issue: Administrative Law
Court: U.S. Supreme Court

Term: October 2012
Oral Argument:  January 2013
Vote: 6-3
Opinion: Justice Scalia
Lower Court: U.S. Court of Appeals for the Fifth Circuit

Question Presented:
Whether, contrary to the decisions of at least two other circuits, and in light of this Court's guidance, a court should apply Chevron to review an agency's determination of its jurisdiction.

RLC's Position:
The RLC joined other associations in a brief urging the U.S. Supreme Court to clarify that agency decisions about their own jurisdiction are not entitled to the heightened level of deference set forth in Chevron.

Case Outcome: 
The Supreme Court affirmed the lower courts decision and held that courts must apply the deference set forth in Chevron to an agency's determination of its own jurisdiction.

Procedural History and Case Documents:

Please use the DOWNLOAD button below to access the RLC's Brief.


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