National Cable & Telecommunications Association v. Brand X Internet Services — Breyer, J., Concurring

Summary

Justice Breyer joins the Court’s opinion, agreeing the Federal Communications Commission’s decision falls within its delegated authority, but writes separately to correct Justice Scalia’s characterization of United States v. Mead Corp. He argues that formal process is not required for Chevron deference; rather, deference applies when Congress has delegated authority to fill statutory gaps, which may be shown through various indicia such as adjudication or rulemaking.