United States v. Home Concrete & Supply, LLC — Scalia, J., Concurring

Summary

Justice Scalia concurred in the judgment, agreeing that Colony controls but criticizing the plurality’s reasoning on Brand X and administrative deference as creating uncertainty. He argued the Court should abandon Brand X and that agency interpretation cannot override a prior Court construction of ambiguity. The dissent, joined by three Justices, argued that statutory changes since Colony permit a different interpretation.