Document Type
Article
Publication Date
2020
Abstract
From one perspective, the Supreme Court’s decision to grant review in Kisor v. Wilkie is not surprising. Dating back at least to Justice Antonin Scalia’s 2011 concurrence in Talk America v. Michigan Bell Telephone Co., through Decker v. Northwest Environmental Defense Center in 2013 and Perez v. Mortgage Bankers Association in 2015, there’s been growing interest on the Supreme Court’s conservative wing in overturning Auer deference, or the doctrine that an agency’s interpretation of its own regulation is “controlling unless plainly erroneous or inconsistent with the regulation.” The campaign to overturn Auer v. Robbins then stalled, with the court denying review of several subsequent petitions raising the issue and failing to engage with Auer in some cases it did grant. But against this background it seems hardly unexpected that the court granted cert in Kisor to decide Auer’s fate.
Disciplines
Constitutional Law | Law | Supreme Court of the United States
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.
Recommended Citation
Gillian E. Metzger,
Symposium: The Puzzling and Troubling Grant in Kisor,
SCOTUSblog (January 30, 2019)
(2020).
Available at:
https://scholarship.law.columbia.edu/faculty_scholarship/2697