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Kisor v. Wilkie

Articles Discussing Case:

Supreme Court Keeps Auer, but Dilutes Its Power

Ogletree Deakins • July 03, 2019
On June 26, 2019, in Kisor v. Wilkie, the Supreme Court of the United States declined to overrule its prior decisions in Auer v. Robbins, 519 U.S. 452 (1997) and Bowles v. Seminole Rock & Sand Co., 325 U.S. 410 (1945). These cases introduced the practice of judicial deference to a federal agency’s interpretation of an ambiguous regulation. Many courts and scholars criticize Auer deference for various reasons and believed that the Supreme Court’s decision in Kisor would overrule Auer. Instead, the Court upheld the longstanding precedent, but imposed new “guidance” on when to apply Auer deference.

Supreme Court Kisor Decision Has Implications for Employers

Franczek Radelet P.C • June 30, 2019
Yesterday, the United States Supreme Court issued a decision in Kisor v. Wilkie, a case seeking to overturn prior precedent requiring deference to federal agencies’ interpretations of their regulations. The case involved a challenge by a military veteran of the Department of Veterans Affairs interpretation of regulations regarding benefits, but has important implications for employers. Specifically, the Court’s upholding of so-called Auer deference means federal agencies, such as the Equal Employment Opportunity Commission (EEOC), Department of Labor (DOL), and the National Labor Relations Board (NLRB) can continue to issue informal guidance documents with the knowledge that courts will likely defer to them in interpreting the laws they discuss.

U.S. Supreme Court Upholds Agency-Deference Under Auer, But Weakened Doctrine Emerges

Jackson Lewis P.C. • June 30, 2019
By the thinnest of margins, a majority of the U.S. Supreme Court has declined to overrule the so-called Auer (or Seminole Rock) deference doctrine, under which courts defer to an agency’s reasonable interpretation of its own ambiguous regulation. Kisor v. Wilkie, No. 18-15, 2019 U.S. LEXIS 4397 (June 26, 2019).
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