Document Type

Working Paper

Publication Date



Seminole Rock (or Auer) deference has captured the attention of scholars, policymakers, and the judiciary. That is why Notice & Comment, the blog of the Yale Journal on Regulation and the American Bar Association’s Section of Administrative Law & Regulatory Practice, hosted an online symposium from September 12 to September 23, 2016 on the subject. This symposium contains over 20 contributions addressing different aspects of Seminole Rock deference.

Topics include:

  • History of Seminole Rock
  • Empirical Examinations of Seminole Rock
  • Understanding Seminole Rock Within Agencies
  • Understanding Seminole Rock as Applied to Tax, Environmental Law, and Criminal Sentencing
  • Why Seminole Rock Matters
  • Should the Supreme Court Overrule Seminole Rock?
  • Would Overruling Seminole Rock Have Unintended Consequences?
  • What Might the Supreme Court Do? What Might Congress Do?
  • The Future of Seminole Rock


Administrative Law | Law


Gillian Metzger's contribution is located on pp. 58-59.