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Expert Analysis

In High Court's Kisor Ruling, 2 Important Doctrines Survive

By Dan Deane and Nathan Warecki (June 28, 2019, 5:33 PM EDT) -- The U.S. Supreme Court's surprising 9-0 ruling in Kisor v. Wilkie on Wednesday salvaged more than one important legal doctrine. Most directly, while the court unanimously reversed the lower court ruling, it did so without overruling a long-established administrative law concept called "Auer deference" (also known as "Seminole Rock deference"), which directs courts to defer to an administrative agency's reasonable interpretation of its own ambiguous regulation. In doing so, the court emphasized, however, that courts should apply such deference sparingly....

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