Document Type
Article
Publication Date
2019
Abstract
Kisor v. Wilkie, in which the Court narrowly declined to overrule Auer deference while distinctly constraining its reach, shares with United States v. Mead Corp. and Skidmore v. Swift & Co. — so prominently mentioned in its opinions—the characteristic of being about an administrative action that, at root, is soft law, guidance. Quite appropriately, it did not address Chevron deference, although readers of the opinions, with Justices’ prior opinions in mind, will have no problem foreseeing a similar confrontation in the coming Term of Court, or perhaps the one to follow.
Disciplines
Administrative Law | Constitutional Law | Law
Recommended Citation
Peter L. Strauss,
Kisor, Gundy, Mead, Chevron, Skidmore, Hearst,
Yale J. on Reg. Notice & Comment, July 16, 2019
(2019).
Available at:
https://scholarship.law.columbia.edu/faculty_scholarship/4819