1、Congressional Research Service 1 Has Judicial Deference to Agency Regulatory Interpretations Reached Its Final Auer? March 25, 2019 On Wednesday, March 27, the Supreme Court is scheduled to hear arguments in Kisor v. Wilkie, in which the Court is asked to overturn one of the most significant and con
2、tentious doctrines in administrative law. That doctrine, first espoused by the Court nearly seventy-five years ago in Bowles v. Seminole Rock & Sand Co., and later reaffirmed in Auer v. Robbins, generally instructs courts to defer to agencies reasonable constructions of ambiguous regulatory language
3、. The Courts decision to uphold, narrow, or end application of the Auer doctrine not only may have direct ramifications for agencies approach to decision making, but also may signal whether the Court will reconsider an even more consequential administrative law doctrinethe Chevron doctrinein the nea
4、r future. This Sidebar provides a general overview of the Auer doctrine and the Supreme Courts consideration of Kisor, including the potential consequences of the Supreme Courts decision in that case. The Auer Doctrine The Supreme Court has established several doctrines by which courts may afford so
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