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August 13, 2020

Of these good reasons, I join Parts I, II, and III of Justice MARSHALL’s viewpoint.

Unlike Justice MARSHALL, but, i might perhaps not make our holding retroactive. Rather, for reasons explained below, we agree with Justice POWELL which our choice must certanly be potential. We therefore join role III of Justice POWELL’s viewpoint.

In Chevron Oil Co. V. Huson, 404 U.S. 97, 105-109, 92 S. Ct. 349, 354-356, 30 L. Ed. 2d 296 (1971), we established three requirements for determining when you should use a choice of statutory interpretation prospectively. First, your decision must establish a new concept of law, either by overruling clear past precedent or by determining a problem of very first impression whose quality wasn’t demonstrably foreshadowed. Id. 404 U.S., at 106, 92 S. Ct., at 355. Finally, we find this full situation managed by exactly the same axioms of Title VII articulated by the Court in Manhart. If this criterion that is first the only consideration for prospectivity, i would find it hard to make today’s choice potential. As mirrored in Justice POWELL’s dissent, nonetheless, whether Manhart foreshadows today’s choice is adequately debatable that the criterion that is first of Chevron test will not compel retroactivity here.