Tag Archives: Justice Alito

Perez v. Mortgage Bankers Association: The Future of Auer Deference

by Chris Walker — Monday, Mar. 23, 2015@chris_j_walker

Last week my co-blogger Jeff Pojanowski and I participated in a Federalist Society teleforum (moderated by Adam White) on the Supreme Court’s recent decision in Perez v. Mortgage Bankers Association. In Mortgage Bankers, the Court held in a unanimous decision that a federal agency is not required to use notice-and-comment rulemaking to revise a prior interpretation […]

A Stay in King v. Burwell and the “Flowing Dollars” Theory

by Andy Grewal — Friday, Mar. 6, 2015

During oral arguments in King v. Burwell, Justice Alito referred to a few issues that have been covered on this blog. For now, I’d like to focus on his question regarding a potential stay of any government-adverse decision. Regarding the stay, Justice Alito asked Solicitor General Verrilli whether a holding for the petitioner would wreak […]