Barnhart v. Peabody Coal Co. — Thomas, J., Dissenting

Summary

Justice Thomas dissents, joining Justice Scalia, to argue that the Commissioner lacks authority to assign coal miners after the statutory deadline of October 1, 1993. Thomas contends that 'shall' creates a mandatory command and absent congressional instruction to the contrary, the power expires when the deadline passes. He disagrees with prior precedents suggesting otherwise. Justice Scalia separately dissents, emphasizing that agency authority granted by statute is limited by its text.