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Supreme Court of the United States › Agency Deference

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
K&L Gates LLP

Quick Guide: Agency Deference Caselaw

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The US Supreme Court will soon decide the fate of the Chevron doctrine. As the legal community awaits this ruling, there has been heightened attention on how courts review agency decision-making across multiple dimensions,...more

Perkins Coie

Supreme Court To Review Critical Case on Deference to Administrative Agencies

Perkins Coie on

Overview The Supreme Court of the United States has agreed to review a case taking direct aim at “overregulation” by federal administrative agencies. Any client or business that routinely deals with federal administrative...more

Constangy, Brooks, Smith & Prophete, LLP

SCOTUS to hear case that could upend power of federal regulatory agencies

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As we have seen recently, the U.S. Supreme Court is again considering overturning decades-long precedent. Nearly 40 years after the Court decided Chevron v. Natural Resources Defense Council, it has agreed to reconsider....more

Mintz

Not so hard cases can also make bad law -- Deference to Agencies takes a hit in the Texas Waters of the United States Case

Mintz on

Sam Hess of Inside EPA points out that Judge Brown of Texas concluded that the United States Supreme Court's nearly forty year old precedent compelling the Judiciary to defer to Executive Branch interpretations of laws it is...more

Keating Muething & Klekamp PLL

Agency Deference Loses its Luster Under Ohio Law—Is Interpretation of Administrative Statutes Ohio's Next Legal Hot Topic?

Keating Muething & Klekamp PLL on

Just before the end of 2022, the Ohio Supreme Court decided the case TWISM Ents., L.L.C. v. State Bd. of Registration for Professional Engineers & Surveyors. In TWISM, the Court took steps similar to those taken by the United...more

Jackson Lewis P.C.

U.S. Supreme Court Hears Oral Argument On Agency-Deference Doctrine

Jackson Lewis P.C. on

Should courts defer to agency interpretations of their own regulations so long as the interpretations are reasonable, even if a court believes another reasonable reading of a regulation is the better reading? In Auer v....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Shaking Things Up – The Trump Administration, Regulatory Change, and Administrative Law: Allan Gates (Mitchell Williams) National...

Mitchell, Williams, Selig, Gates & Woodyard,... on

My law firm colleague Allan Gates undertook a webinar presentation for the National Association of Clean Water Agencies (“NACWA”) titled: - Shaking Things Up – The Trump Administration, Regulatory Change, and...more

Foley & Lardner LLP

Waiting for Gorsuch: SCOTUS Kicks Important Class-Action Waiver Case to Next Term

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Last week, the United States Supreme Court informed litigants in Epic Systems Corp. v. Lewis that it is pushing the case to its October 2017 term. The lawsuit, which rose up through the Western District of Wisconsin and the...more

Skadden, Arps, Slate, Meagher & Flom LLP

"2016-17 Supreme Court Update"

Skadden, Arps, Slate, Meagher & Flom LLP on

In a season of political surprises, the eight-member U.S. Supreme Court has stirred no controversy with its decisions so far this term. The handful of opinions the Court released in the fall were unanimous and, for the most...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

A Quick Look at Merrick Garland's Labor and Employment Record

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On March 15, 2016, President Barack Obama nominated Chief Judge Merrick Garland of the United States Court of Appeals for the District of Columbia Circuit to fill the vacancy on the Supreme Court of the United States created...more

Fenwick & West LLP

New Patent Claim Construction Review Standard

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In early 2015, the U.S. Supreme Court changed the standard of review for patent claim construction with its decision in Teva Pharmaceuticals USA v. Sandoz Inc., 135 S. Ct. 831 (2015) (Teva I). Previously, the U.S. Court of...more

Constangy, Brooks, Smith & Prophete, LLP

It's Unanimous! EEOC Conciliation Is Subject To Judicial Review

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The Supreme Court last week rejected the EEOC’s longstanding position that pre-suit conciliation efforts are shielded from judicial review of any kind. Holding that “a court may review whether the EEOC satisfied its statutory...more

Proskauer - Corporate Defense and Disputes

Justices Scalia and Thomas Amenable to Reexamining Deference to SEC Statutory Interpretations

Proskauer - Corporate Defense and Disputes on

Like Prince Charming searching for the foot that fit the glass slipper, Justice Scalia recently issued a statement advising that he and Justice Thomas would be receptive to granting certiorari to a petition properly...more

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