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Administrative Agencies Judicial Review

K&L Gates LLP

Quick Guide: Agency Deference Caselaw

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The US Supreme Court will soon decide the fate of the Chevron doctrine. As the legal community awaits this ruling, there has been heightened attention on how courts review agency decision-making across multiple dimensions,...more

Epstein Becker & Green

Striking a Balance: The Supreme Court and the Future of Chevron Deference

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In its frequent attempts to enforce the separation of powers that the Constitution’s framers devised as a system of checks and balances among the executive, legislative, and judicial branches of the federal government, it is...more

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

Supreme Court Ruling Questions Constitutionality of FTC’s and SEC’s Administrative Adjudications Processes - Is OSHA Next?

On April 14, 2023, the Supreme Court of the United States opened the door for new challenges to the federal administrative state. In a unanimous decision in a pair of consolidated cases, Axon Enterprise, Inc. v. Federal Trade...more

BakerHostetler

Supreme Court Clears the Way for Constitutional Challenges to SEC, FTC Administrative Forums in Federal District Court

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In Axon Enterprise, Inc. v. FTC and SEC v. Cochran, the respondents in administrative agency enforcement actions brought suit in federal district court, challenging the constitutionality of each respective agency’s attempt to...more

Miller Canfield

Supreme Court Expands the Path to Challenge the Authority of Administrative Agencies in Federal Court

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Consistent with federal courts’ recent pattern of limiting the reach of administrative agencies, the Supreme Court held on April 14, 2023, that a challenge to the constitutional authority of an administrative law judge...more

Holland & Knight LLP

Supreme Court's 9-0 Ruling Paves Way for Constitutional Challenges to Administrative Proceedings

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The U.S. Supreme Court on April 14, 2023, issued a unanimous opinion holding that federal district courts can consider constitutional challenges to administrative proceedings before such agencies issue final rulings. In Axon...more

Bricker Graydon LLP

No Chevron Deference in Ohio

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On December 29, 2022, the Ohio Supreme Court issued a definitive opinion that, at least in Ohio, the judicial branch is never required to defer to an agency’s interpretation of the law. TWISM Enterprises, L.L.C. v. State...more

American Conference Institute (ACI)

[Webinar] 20th Annual Advanced Administrative Law & Practice - October 28th - 29th, 9:15 am - 5:00 pm EDT

The Canadian Institute’s 20th Annual Conference on Advanced Administrative Law and Practice returns this year, in a fully virtual and interactive format, to help you make sense of these developments, understand how you are...more

Eversheds Sutherland (US) LLP

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

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

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

BCLP

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

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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

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

Supreme Court Keeps Auer, but Dilutes Its Power

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

Eversheds Sutherland (US) LLP

State tax implications of US Supreme Court’s limitation of judicial deference to agency interpretations of their own regulations

On June 26, 2019, the US Supreme Court issued its opinion in Kisor v. Wilkie. The Court declined to overturn Auer v. Robbins and Bowles v. Seminole Rock & Sand Co, but reinforced the limits on the applicability of the...more

Franczek P.C.

Supreme Court Issues Two Decisions With Implications for Public Schools

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The Supreme Court closed out its current term this week, issuing decisions in two cases with important implications for public schools. In Kisor v. Wilkie, issued yesterday, a surprising majority of the Court (the liberal...more

WilmerHale

A Divided Supreme Court Narrowly Upholds Auer Deference

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On June 26, 2019, the US Supreme Court issued a decision in Kisor v. Wilkie. The question presented in Kisor was whether to overrule the Court’s prior decisions in Auer v. Robbins, 519 U.S. 452 (1997), and Bowles v. Seminole...more

Eversheds Sutherland (US) LLP

Survival of the deference - Auer deference evolves in Kisor v. Wilkie

On June 26, 2019, the US Supreme Court handed down a long-awaited decision in Kisor v. Wilkie, a case that challenged Auer deference, a long-standing doctrine of administrative agency law that requires courts interpreting...more

Ballard Spahr LLP

SCOTUS continues judicial deference to agency interpretations

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In a decision issued on Wednesday, the U.S. Supreme Court, in Kisor v. Wilkie, declined to overrule a line of cases instructing courts to defer to an agency’s interpretation of its own regulation, a doctrine sometimes...more

Fisher Phillips

Fox (Mostly) Remains In The Henhouse: SCOTUS Says Agencies (Sort Of) Know Best

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By a 9-0 vote, the U.S. Supreme Court ruled today that by and large, the courts should continue deferring to a federal agency’s reasonable interpretation of its own ambiguous regulations, leaving a good deal of power in the...more

Cooley LLP

Blog: The “greatest judicial power grab since Marbury v. Madison”? SCOTUS considers Kisor v. Wilkie

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As noted in this PubCo post, SCOTUS recently heard oral argument in Kisor v. Wilkie, a case involving the interpretation of a regulation issued by the Department of Veteran’s Affairs. In Kisor, a Vietnam vet, suffering from...more

Ballard Spahr LLP

SCOTUS hears oral argument in case involving court deference to agency interpretations

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At the end of last month, the U.S. Supreme Court heard oral argument in Kisor v. Wilkie, a case in which the question before the Court is whether it should overrule a line of cases instructing courts to defer to an agency’s...more

Nossaman LLP

Supreme Court Hears Auer Deference Case

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On March 27, 2019, the Supreme Court of the United States heard oral argument in Kisor v. Wilkie (No. 18-15), focusing on whether Auer deference should be overruled. ...more

McDermott Will & Emery

Government Files Its Brief in Auer Deference Case

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As we discussed in a prior post and in our article for Law360, the Supreme Court is poised to decide in Kisor v. Wilkie whether to overrule the Auer deference doctrine. This doctrine, which originated in the 1945 Seminole...more

Seyfarth Shaw LLP

Supreme Court To Reconsider ‘Auer’ Deference

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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...more

Nossaman LLP

U.S. Supreme Court Will Revisit Auer Deference

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On December, 10, 2018, the United States Supreme Court granted a petition for writ of certiorari in Kisor v. Wilkie (No. 18-15), which raises the issue of whether Auer deference should be overruled. ...more

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