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Tag: City of Arlington

May 21, 2013

Scalia's other footnote: why is footnote four always such a threat to the Constitution?

The internet is all a tizzy over a footnote in yesterday's City of Arlington v. FCC decision. In the footnote, Justice Scalia pointlessly criticized a party’s name. Although footnotes are sometimes used for such playground antics, others have fundamentally reshaped our law. The most famous of the latter – Footnote 4 from United States v. ...

May 20, 2013

Deference and the Hound of the Baskervilles

Today the Supreme Court ruled in City of Arlington v. FCC that courts should defer to agency interpretations of statutes they administer, regardless of whether the provision at issue could be characterized as “jurisdictional.”  The opinion, authored by deference-maven Justice Scalia, rejected the argument that agency interpretations of ...