Deference and the Hound of the Baskervilles

May 20, 2013 | By DAMIEN SCHIFF

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 ...