Supreme Court of the United States · Official docket →
United Parcel Service, Inc. v. Postal Regulatory Commission
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 16-1354, 16-1419 · judgment May 22, 2018
Before the decision, about 4.8× the 4.1% base rate. The model weighted this up for a D.C. Circuit decision below, counsel with five or more prior petitions here, and a circuit split argued in the petition.
Questions presented
In the Postal Accountability and Enhancement Act of 2006, Congress enacted safeguards to ensure that the U.S. Postal Service cannot extend its monopoly over letter mail so as to obtain an unfair competitive advantage in package delivery, a market in which it competes with private companies. See 39 U.S.C. § 3633. The Postal Regulatory Commission’s regulations governing rates thus must “(1) prohibit the subsidization of competitive products by marketdominant products; (2) ensure that each competitive product covers its costs attributable; and (3) ensure that all competitive products collectively cover what the Commission determines to be an appropriate share of the institutional costs of the Postal Service.” Id. And “costs attributable” are defined as “the direct and indirect postal costs attributable to such product through reliably identified causal relationships.” Id. § 3631(b). In this case, the D.C. Circuit, applying Chevron, deferred to the Commission’s unexplained interpretation of “institutional costs” as only a residual category and of “reliably identified causal relationships” as minimum costs. The questions presented are:
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Should this Court reconsider the doctrine of Chevron deference?
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Should this Court hold that Chevron deference does not apply to an agency’s unexplained statutory interpretations? (i)
Counsel of record
For petitioner
Kathleen Marie Sullivan
Quinn Emanuel Urquhart & Sullivan, LLP
For respondent
Neal Kumar Katyal
Milbank LLP
Proceedings
- May 20 2019Petition DENIED.
- May 13 2019DISTRIBUTED for Conference of 5/16/2019.
- May 08 2019Rescheduled.
- Apr 23 2019DISTRIBUTED for Conference of 5/9/2019.
- Apr 22 2019Reply of petitioner United Parcel Service, Inc. filed.
- Apr 05 2019Brief of respondent Postal Regulatory Commission in opposition filed.
- Apr 05 2019Brief of intervenor respondents Amazon.com Services, Inc., et al. in opposition filed.
- Feb 20 2019Motion to extend the time to file a response is granted and the time is further extended to and including April 5, 2019, for all respondents.
- Feb 14 2019Motion to extend the time to file a response from March 6, 2019 to April 5, 2019, submitted to The Clerk.
- Feb 04 2019Brief amici curiae of States of Texas, et al. filed.
- Jan 31 2019Motion to extend the time to file a response is granted and the time is extended to and including March 6, 2019, for all respondents.
- Jan 31 2019Brief amicus curiae of Landmark Legal Foundation filed.
- Jan 30 2019Motion to extend the time to file a response from February 4, 2019 to March 6, 2019, submitted to The Clerk.
- Jan 14 2019Motion to extend the time to file a response is granted and the time is extended to and including March 6, 2019, for all respondents.
- Jan 11 2019Motion to extend the time to file a response from February 4, 2019 to March 6, 2019, submitted to The Clerk.
- Dec 26 2018Petition for a writ of certiorari filed. (Response due February 4, 2019)
- Oct 15 2018Application (18A398) to extend the time to file a petition for a writ of certiorari from October 25, 2018 to December 24, 2018, submitted to The Chief Justice.
- Oct 15 2018Application (18A398) granted by The Chief Justice extending the time to file until December 24, 2018.