Supreme Court of the United States
Barnhart v. Peabody Coal Co. — Scalia, J., Dissenting
January 15, 2003537 U.S. 149
Summary
Justice Scalia dissents, arguing that the Commissioner lacks statutory authority to assign retired coal miners to signatory operators after the statutory October 1, 1993 deadline has passed. He concludes the deadline defines the temporal scope of the agency's grant of authority, and failure to meet it terminates the power to assign. He disputes the majority's reliance on precedent distinguishing deadlines without explicit consequences, contending the Court's construction ignores statutory text and exceptions. Justice Thomas separately dissents to emphasize the mandatory ordinary meaning of 'shall' and disagree with Brock v. Pierce County.