National Cable & Telecommunications Association v. Brand X Internet Services — Scalia, J., Dissenting

Summary

Justice Scalia dissents, arguing that the FCC’s interpretation of “offer” and the classification of cable‑modem service misreads the Telecommunications Act and exceeds congressional authority. He also contends that the Court’s recent approach to Chevron deference, particularly in United States v. Mead, improperly allows agencies to overturn judicial constructions. The dissent would affirm the Court of Appeals’ decision that cable‑modem service is a telecommunications service subject to Title II. Justice Breyer and Justice Stevens file concurring opinions, the former criticizing Scalia’s reading of Mead and the latter adding a caveat about appellate interpretations.