Blog Post

Jun 27, 2019

Supreme Court Upholds “Auer” Doctrine of Deferring to Agency’s Interpretation of its Own Ambiguous Regulation, While Imposing Limitations of When Deference is Triggered

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Seyfarth Synopsis: The U.S. Supreme Court upheld this week a key component of administrative law that tells judges to defer to an executive agency’s interpretation of its own ambiguous regulation. Kisor v. Secretary of Veterans Affairs, No. 18-15 (US June 26, 2019). The case challenged so-called “Auer” or “Seminole Rock” deference. Auer deference has recently been criticized by conservative justices on the court.

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