Supreme Court To Reconsider ‘Auer’ Deference

Seyfarth Synopsis: The U.S. Supreme Court agreed this week to reconsider a key precedent of administrative law that tells judges to defer to an agency’s interpretation of its own ambiguous regulation, taking up a challenge to the so-called “Auer” or “Seminole Rock” deference. The Auer deference has been criticized by conservative justices on the court. Kisor v. Sectretary of Veterans Affairs, No. 18-15 (US Dec. 10, 2018).

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