Edelman v. Lynchburg College, 535 U.S. 106, 19 (2002)

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124

EDELMAN v. LYNCHBURG COLLEGE

O'Connor, J., concurring in judgment

on all the parties coming before the EEOC, as well as on the EEOC itself. In this regard, it is distinguishable from the Customs Service ruling letters at issue in Mead Corp., supra, at 233, which we found not to be binding on third parties and to be changeable by the Customs Service merely upon notice, and to which we therefore denied Chevron deference. See also Christensen v. Harris County, 529 U. S. 576, 587 (2000) (denying Chevron deference to an agency opinion letter that we suggested lacked "the force of law," but stating that "the framework of deference set forth in Chevron does apply to an agency interpretation contained in a regulation").

Because I believe the regulation is entitled to review under Chevron, and because the regulation is reasonable, I concur in the judgment.

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