Talk America, Inc. v. Michigan Bell Telephone Co., Dba At&t Michigan — Scalia, J., Concurring

Summary

Justice Scalia concurred in the judgment, stating he would reach the same result without relying on Auer deference because he finds the FCC's interpretation the fairest reading. He expressed increasing doubt regarding the validity of Auer deference, citing separation of powers concerns and the risk of encouraging arbitrary rulemaking.