Christensen v. Harris County — Scalia, J., Concurring

Summary

Justice Scalia concurs in part and in the judgment, joining the Court’s decision but rejecting Part III’s refusal to apply Chevron deference to the Department of Labor’s opinion letter. He argues that the Department’s view, even though expressed in a single letter, is an authoritative agency position deserving Chevron deference, yet he agrees that the position is not a reasonable interpretation of the statute. The opinion does not contain a holding and serves as extensive commentary on the proper scope of Skidmore and Chevron deference. Justice Stevens and Justice Breyer dissent, and Justice Souter concurs separately, as noted at the end of this summary (Stevens dissenting, Breyer dissenting, Souter concurring).