Justices Uphold Deference To Regulators, With Caveats

Law360, Washington (June 26, 2019, 10:18 AM EDT) -- 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.

The justices’ Wednesday ruling laid out criteria for when “Auer deference” should be used, in a partial win for a Vietnam veteran seeking disability benefits. (AP) In a partial win for a Vietnam veteran seeking disability benefits, the court stopped short of overturning the court's 1997 ruling in Auer v. Robbins, instead laying out five separate criteria for when such deference to agency interpretations is warranted....

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July 2, 2018

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