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
deference
SCOTUS hears oral argument in case involving court deference to agency interpretations
By Barbara S. Mishkin on
Posted in Regulatory and Enforcement
At the end of last month, the U.S. Supreme Court heard oral argument in Kisor v. Wilkie, a case in which the question before the Court is whether it should 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.” … Continue Reading