What To Expect As Justices Weigh Fate Of Auer Deference

Law360, Washington (March 26, 2019, 10:16 PM EDT) -- The U.S. Supreme Court on Wednesday will debate whether to overturn Auer deference, a pro-agency judicial doctrine that has come under increasing attacks in recent years. Here's what to expect from the hearing.

The case, Kisor v. Wilkie, was brought by a Vietnam veteran seeking retroactive disability benefits for his post-traumatic stress disorder. At issue is whether the court should get rid of its long-standing rule that judges should accept an agency's interpretation of its own regulations unless it is clearly wrong.

The rule comes from the Supreme Court's 1997 holding in Auer v. Robbins, and an analogous one from 1945...

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