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Supreme Court of the United States › Auer Deference

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Holland & Knight LLP

The Impact of Chevron Reversal on Government Contracting

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The U.S. Supreme Court's decision in Loper Bright Enterprises v. Raimondo upended decades of precedent that required courts to defer to agencies' interpretations of statutes. This, known as the Chevron doctrine, allowed for...more

Venable LLP

What Banks Need to Know Post-Chevron

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As we covered in our first alert, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. and abandoned the Chevron doctrine, which previously...more

BakerHostetler

Supreme Court Overrules ‘Chevron’ Deference to Agencies

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Note from your Adventures In Law Blog editors: Well, just today the Supreme Court overruled the Chevron case in Loper Bright, which provided deference to agency interpretations of ambiguous law in the statutes they...more

Holland & Knight LLP

U.S. Supreme Court May Soon Discard or Modify Chevron Deference

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For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. Under the doctrine, named for the 1984...more

Dechert LLP

Third Circuit Rejects Use Of “Intended Loss” as Enhancement Under U.S. Sentencing Guidelines

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The Third Circuit Court of Appeals ruled yesterday in United States v. Banks1 that under the U.S. Sentencing Guidelines, “loss” means only actual loss and not intended loss. Although the term “loss” is not explicitly...more

Akin Gump Strauss Hauer & Feld LLP

Courts Not Hesitating to Reject Federal Agencies’ Faulty Regulatory Interpretations Since Kisor v. Wilkie

Akin Gump Strauss Hauer & Feld LLP on

- Federal agencies’ regulatory interpretations falling short of the standards laid out in Kisor are not surviving judicial review. - Courts are closely scrutinizing regulations to determine if they are genuinely...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals From The PTAB: Summaries of Key 2019 Decisions: Kisor v. Wilkie, 588 U.S. __, 139 S. Ct. 2400 (2019)

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

James Kisor, a Korean War Veteran, asked the Supreme Court to overrule a longstanding presumption that courts defer to an executive agency’s reasonable interpretation of its own regulation, a principle known as Auer...more

(ACOEL) | American College of Environmental...

Kisor Helps Auer Find Its Way Back To Seminole Rock

(ACOEL) | American College of Environmental... on

Shortly before the new year, when the holidays were in full swing, Kisor v. Wilkie celebrated its half-birthday.  That was quick.  Just six months ago – when short winter days were long summer nights, when peppermint mochas...more

Eversheds Sutherland (US) LLP

Kisor v. Wilkie and judicial deference to agency determinations—Are there implications for employee benefits litigation and the...

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In June 2019, a unanimous Supreme Court in Kisor v. Wilkie retained but limited the scope of Auer deference – the court-created doctrine that courts should defer to an agency’s interpretation of its own regulations or other...more

(ACOEL) | American College of Environmental...

The Supreme Court’s Most Important Environmental Law Decision in 35 Years

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As our esteemed colleague John Cruden is fond of saying, administrative law is a subset of environmental law.  My vote for the most important Supreme Court environmental law decision in 35 years goes to the administrative law...more

White & Case LLP

Kisor Deference: The New Judicially-Driven Auer Deference

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A divided Supreme Court changed the landscape of administrative law in a recent decision, Kisor v. Wilkie. In Kisor, a slim majority declined to overrule Bowles v. Seminole Rock & Sand Co., Auer v. Robbins and related cases,...more

Jackson Lewis P.C.

What Supreme Court On Deference To Agency Interpretations May Mean

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Courts’ deference to agency interpretations of their own statutes and regulations has been a mainstay of administrative law. The Chevron Doctrine has since 1984 provided that courts should put a “thumb-on-the-scales in favor...more

King & Spalding

United States Supreme Court Limits Deference Standard in Kisor v. Wilkie Decision

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On June 26, 2019, the United States Supreme Court issued its decision in Kisor v. Wilkie. After hearing oral arguments in March, the Court considered whether to overrule the Auer deference standard, the long-standing doctrine...more

K&L Gates LLP

Declining to Overrule a Long-Standing Agency Deference Doctrine, the Supreme Court Nonetheless Cautions That its Limitations...

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Federal agencies issue hundreds of significant rules each year, affecting virtually all aspects of U.S. economic activity. For decades, businesses, consumers, environmental and labor groups, and others have challenged these...more

Amundsen Davis LLC

United States Supreme Court Confirms And Limits Court’s Deference To Agency Guidance

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On June 26, 2019, the U.S. Supreme Court confirmed the continued viability of Auer deference, an interpretive doctrine that requires courts to defer to an agency’s reasonable reading of a genuinely ambiguous regulation. In...more

BCLP

U.S. Supreme Court Limits Judicial Deference To Administrative Agency Interpretation of Their Own Ambiguous Rules

BCLP on

On June 26, 2019, the United States Supreme Court declined to overturn the Auer doctrine, leaving in place, for now, judicial deference to an agency’s interpretation of its own regulations. Kisor v. Wilkie, 2019 WL 2605554,...more

Blank Rome LLP

Leveling the Playing Field against Federal Agency Regulatory Interpretation: The Supreme Court’s Kisor Decision and the U.S....

Blank Rome LLP on

Last month, the Supreme Court in Kisor v. Wilkie, 139 S.Ct. 2400 (2019) upheld what is known in administrative law as Auer deference: the age-old principle that a court should defer to an agency when the agency is...more

Jackson Lewis P.C.

U.S. Supreme Court Roundup – 2018-2019

Jackson Lewis P.C. on

The U.S. Supreme Court term that ended in June 2019 included decisions on many topics important to workplace law, including class actions, arbitration, and administrative exhaustion and Title VII claims. ...more

Pillsbury - Gravel2Gavel Construction & Real...

A Recap of the Supreme Court’s 2019 Summer Slate

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As usual, the last month of the Supreme Court’s term generated significant rulings on all manner of cases, possibly presaging the new directions the Court will be taking in administrative and regulatory law....more

Beveridge & Diamond PC

Who Gets to Decide What an Agency Meant? U.S. Supreme Court Places Limits on Agency Deference

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In a 5-4 decision, the United States Supreme Court has ruled that governmental agencies are still entitled to deference in interpreting their own regulations—but only where those regulations are “genuinely ambiguous.” Kisor...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Keeps Auer, but Dilutes Its Power

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On June 26, 2019, in Kisor v. Wilkie, the Supreme Court of the United States declined to overrule its prior decisions in Auer v. Robbins, 519 U.S. 452 (1997) and Bowles v. Seminole Rock & Sand Co., 325 U.S. 410 (1945). These...more

Constangy, Brooks, Smith & Prophete, LLP

Supreme Court Rewrites The Rules For Judicial Deference To Agency Interpretations

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The bête-noir of conservative jurisprudence is the “administrative state,” fueled by judicial doctrines affording various degrees of deference to administrative regulations, interpretive guidelines, and pronouncements. Last...more

Littler

What Employment Issues did the Supreme Court Address this Term, and What’s in Store for 2019-2020?

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The Supreme Court’s October 2018-2019 term began with the highly politicized confirmation of Justice Brett Kavanaugh. But despite some expectations that the new makeup of the Court would be more divided than the previous...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - June 2019 #4

Ogletree, Deakins, Nash, Smoak & Stewart,... on

IRAPs Arrive. On June 24, 2019, the U.S. Department of Labor’s (DOL) Employment and Training Administration issued a notice of proposed rulemaking (NPRM) “to advance the development of high-quality, industry-recognized...more

Morgan Lewis - Health Law Scan

The Zombification of Auer: Supreme Court Cabins Agency Deference in Kisor v. Wilkie

Morgan Lewis - Health Law Scan on

Paired with the recent decision in Azar v. Allina, the healthcare industry in particular can hope for a greater voice in the regulatory process in the wake of the US Supreme Court’s directives. With Allina’s requirement that...more

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