Tag Archives: Kisor

Delegation, Deference, and the FCC, by Randolph May

by Guest Blogger — Wednesday, July 10, 2019

During the last week of its just-ended term, the Supreme Court handed down two eagerly anticipated decisions with significant implications for administrative law and, indeed, more broadly, for separation of powers constitutional jurisprudence. The two decisions are Gundy v. United States and Kisor v. Wilkie. While there will be thousands of pages in law reviews, […]

Auer is Dead; Long Live Auer, by Evan Bernick

by Guest Blogger — Friday, June 28, 2019

Four years ago, Michael Herz published a fascinating article in which he argued that separation-of-powers devotees should stop worrying about Chevron deference. However it might once have been understood, Herz argued that Chevron deference descriptively was and normatively ought to be understood in 2015 as a two-step process that allowed both the judicial and the […]

What Kisor Means for the Future of Auer Deference: The New Five-Step Kisor Deference Doctrine

by Christopher J. Walker — Wednesday, June 26, 2019@chris_j_walker

Today the Supreme Court issued its long-awaited (at least for adlaw geeks) decision in Kisor v. Wilkie. The question presented in Kisor was whether to eliminate Auer deference (a.k.a. Seminole Rock deference) — the doctrine that commands courts to defer to a federal agency’s interpretation of its own regulation unless the agency’s interpretation is “plainly erroneous or inconsistent with the regulation.” […]