Editor's Note :

Editor's Note :

This week the blog will publish a multi-part online symposium on United States v. Texas, a challenge by Texas and twenty-five states to the Obama administration's deferred-action policy for immigration. Contributions to this special feature, as well as an “explainer” by this blog's Lyle Denniston, are available here.

Talk America Inc. v. Michigan Bell Telephone Co.

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
10-313 6th Cir. Mar 30, 2011
Tr.Aud.
Jun 9, 2011 8-0 Thomas OT 2010

Holding: Because the FCC has advanced a reasonable interpretation of its regulations i.e., that to satisfy its duty under Section 251(c)(2) of the Telecommunications Act of 1996, a carrier must make its existing entrance facilities available to competitors at cost-based rates if the facilities are to be used for interconnection the Court will defer to the FCC's views. (Kagan, J., recused).

Plain English Holding: The Federal Communications Commission can bar AT&T from charging market rates for access to the equipment its competitors need to access AT&T's network.

Judgment: Reversed, 8-0, in an opinion by Justice Clarence Thomas on June 9, 2011. Justice Scalia filed a concurring opinion. (Kagan, J., recused).

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