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SCOTUS continues judicial deference to agency interpretations

By Barbara S. Mishkin on June 27, 2019
Posted in Regulatory and Enforcement

In a decision issued on Wednesday, the U.S. Supreme Court, in Kisor v. Wilkie, declined to overrule a line of cases instructing courts to defer to an agency’s interpretation of its own regulation, a doctrine sometimes referred to as “Auer deference.”  The name derives from Auer v. Robbins, a 1997 U.S.… Continue Reading

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