4 Months After Kisor V. Wilkie, Auer Deference Survives

Law360 (November 14, 2019, 4:26 PM EST) -- A central question in administrative law jurisprudence is under what circumstances should courts defer to administrative agencies’ judgment. In June 2019, the U.S. Supreme Court ruled on an important aspect of this question.

In its decision in Kisor v. Wilkie,[1] the court reaffirmed the principle of Auer deference, under which a court, in some circumstances, shall defer to an agency’s interpretation of its own ambiguous regulations.[2] At the same time, the court provided guidance in its opinion concerning when such deference should be applied, which it posited as a restatement and clarification of existing law.[3]

Some commentators (including Supreme Court justices)...

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