Cite as: 513 U. S. 88 (1994)
Opinion of the Court
authority before this Court in the Solicitor General in favor of allowing the FEC to petition here on its own. See 26 U. S. C. §§ 9010(d), 9040(d). But we do not think that § 437d(a)(6) bespeaks such a choice. Nor are we impressed by the FEC's argument that it has represented itself before this Court on several occasions in the past without any question having been raised regarding its authority to do so under § 437d(a)(6). See, e. g., Federal Election Comm'n v. Massachusetts Citizens for Life, Inc., 479 U. S. 238 (1986) (finding 2 U. S. C. § 441b unconstitutional as applied); Federal Election Comm'n v. National Right to Work Comm., 459 U. S. 197 (1982) (involving interpretation of 2 U. S. C. § 441b(b)(4)(C)); Bread Political Action Comm. v. Federal Election Comm'n, 455 U. S. 577 (1982) (involving application of 2 U. S. C. § 437h(a)); Federal Election Comm'n v. Democratic Senatorial Campaign Comm., 454 U. S. 27 (1981) (involving application of 2 U. S. C. § 441a(d)(3)); California Medical Assn. v. Federal Election Comm'n, 453 U. S. 182 (1981) (upholding constitutionality of certain campaign expenditure limitations imposed by 2 U. S. C. § 431 et seq.). The jurisdiction of this Court was challenged in none of these actions, and therefore the question is an open one before us. See, e. g., Will v. Michigan Dept. of State Police, 491 U. S. 58, 63, n. 4 (1989) ("[T]his Court has never considered itself bound [by prior sub silentio holdings] when a subsequent case finally brings the jurisdictional issue before us") (citation and internal quotation marks omitted); United States v. L. A. Tucker Truck Lines, Inc., 344 U. S. 33, 38 (1952) (same). And we do not think that the provisions discussed above, authorizing the FEC to litigate in the federal courts, are the sort of provisions that can be said to be within the province of the agency to interpret. Federal Election Comm'n v. Democratic Senatorial Campaign Comm., supra, at 37, relied upon by the FEC, dealt with the FEC's interpretation of a substantive provision of the FECA, not with the provisions authorizing independent litigation.
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