James L. Kisor, Petitioner v. Peter O'Rourke, Secretary of Veterans Affairs

  1. September 29, 2023

    'Administrative State' Attacks Soar To High Court Crescendo

    After methodically amassing U.S. Supreme Court victories against agency enforcers and regulators, a legal crusade against "administrative state" powers is poised to parlay piecemeal wins into a climactic conquest during the high court's new term, which is already teeming with anti-agency cases.

  2. December 19, 2019

    The Biggest Environmental Decisions Of 2019

    The U.S. Supreme Court opened the door to new takings claims and an appeals court found the U.S. Environmental Protection Agency was too lax in its implementation of a chemical safety law. Here, Law360 delves into these and more of the biggest environmental law decisions of 2019.

  3. July 08, 2019

    Biggest Enviro Law Rulings So Far In 2019: Midyear Report

    The U.S. Supreme Court made the biggest splash in environmental law during the first half of 2019 when it limited courts' ability to defer to federal agencies' interpretations of their own regulations. Here's a recap of the biggest environment-related court decisions from the first half of the year.

  4. June 26, 2019

    Conservatives Satisfied With 'Zombified' Auer Doctrine

    Opponents of Auer deference fell short of getting the U.S Supreme Court to formally overrule it, but many of them are welcoming the strict limitations the court spelled out on Wednesday for when judges should use the pro-regulator doctrine.

  5. June 26, 2019

    Justices Uphold Deference To Regulators, With Caveats

    The U.S. Supreme Court on Wednesday refused to overturn a long-standing doctrine requiring judges to defer to an agency's interpretation of its regulations, but said that "Auer deference" should only be used in certain cases.

  6. June 05, 2019

    7 Cases To Watch As Supreme Court Enters Home Stretch

    With the end of the term just weeks away, the U.S. Supreme Court must now tackle the tough cases it has saved for last, which tend to produce bitter divisions on the court and major changes in the law. Here is a look at seven of the biggest cases awaiting decisions.

  7. March 27, 2019

    The Best Lines From The Supreme Court's 'Auer' Argument

    Justice Stephen Breyer called it "the greatest judicial power grab since Marbury versus Madison." Justice Elena Kagan took a shot at the U.S. solicitor general's office. Justice Neil Gorsuch came down on the bureaucrats. Here are the best lines from Wednesday's Supreme Court arguments in Kisor v. Wilkie.

  8. March 27, 2019

    Kavanaugh, Roberts In Crossfire Of Battle Over 'Auer'

    Chief Justice John Roberts and Justice Brett Kavanaugh emerged as the potential swing votes during Wednesday's U.S. Supreme Court hearing on whether to overturn the pro-agency judicial doctrine known as "Auer deference," as the remaining justices seemed to take clear positions on opposite sides of the issue.

  9. March 26, 2019

    What To Expect As Justices Weigh Fate Of Auer Deference

    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.

  10. March 22, 2019

    Up Next At High Court: Too Much Deference To Fed Agencies?

    The U.S. Supreme Court will hear two significant cases of administrative law this week as it wraps up its March argument session, both asking whether courts are giving federal agencies too much leeway to interpret rules and laws.