In High Court's Kisor Ruling, 2 Important Doctrines Survive

Law360 (June 28, 2019, 5:33 PM EDT) -- The U.S. Supreme Court’s surprising 9-0 ruling in Kisor v. Wilkie on Wednesday salvaged more than one important legal doctrine. Most directly, while the court unanimously reversed the lower court ruling, it did so without overruling a long-established administrative law concept called “Auer deference” (also known as “Seminole Rock deference”), which directs courts to defer to an administrative agency’s reasonable interpretation of its own ambiguous regulation. In doing so, the court emphasized, however, that courts should apply such deference sparingly.

But of even greater significance was Chief Justice John Roberts’ decision to join the four liberal justices, not only in the...

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