City of Arlington v FCC: Boon to the Administrative State or Fodder for Law Nerds?

Bloomberg BNA Daily Report for Executives B1-B5

Ohio State Public Law Working Paper No. 217

6 Pages Posted: 25 Jun 2013  

Peter M. Shane

Ohio State University (OSU) - Michael E. Moritz College of Law

Date Written: June 6, 2013

Abstract

In City of Arlington v. FCC, the Supreme Court told federal judges to be deferential to agencies’ definition of their jurisdiction when a statute is ambiguous. The ruling could give regulators a major boost in fighting off legal challenges. But judges can get around the decision simply by holding that a statute is not ambiguous. Given the mixed record of judicial deference to agencies, the case may do little to bolster the bureaucrats.

Keywords: jurisdiction, Chevron, statutory interpretation, administrative law, judicial review, FCC, communications law

Suggested Citation

Shane, Peter M., City of Arlington v FCC: Boon to the Administrative State or Fodder for Law Nerds? (June 6, 2013). Bloomberg BNA Daily Report for Executives B1-B5; Ohio State Public Law Working Paper No. 217. Available at SSRN: https://ssrn.com/abstract=2284308

Peter M. Shane (Contact Author)

Ohio State University (OSU) - Michael E. Moritz College of Law ( email )

55 West 12th Avenue
Columbus, OH 43210
United States

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