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Supreme Court of the United States › Ambiguous › Kisor v Wilkie

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 -
Smith Gambrell Russell

Compliance with Ambiguous Regulations – State of the Law and Trends

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Federal administrative law is largely about policing delegations of power from Congress to Executive Branch agencies, and the administrative law concept of “deference” is about delegation of interpretative power over...more

Wiley Rein LLP

How the Supreme Court’s Blockbuster Chevron Case Might Affect the Future of Tech Regulation

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This month, the U.S. Supreme Court heard argument in a pair of cases that have the potential to profoundly alter the landscape of technology regulation in the United States: Loper Bright Enterprises v. Raimondo and...more

Akin Gump Strauss Hauer & Feld LLP

Courts Not Hesitating to Reject Federal Agencies’ Faulty Regulatory Interpretations Since Kisor v. Wilkie

Akin Gump Strauss Hauer & Feld LLP on

- Federal agencies’ regulatory interpretations falling short of the standards laid out in Kisor are not surviving judicial review. - Courts are closely scrutinizing regulations to determine if they are genuinely...more

(ACOEL) | American College of Environmental...

The Supreme Court’s Most Important Environmental Law Decision in 35 Years

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As our esteemed colleague John Cruden is fond of saying, administrative law is a subset of environmental law.  My vote for the most important Supreme Court environmental law decision in 35 years goes to the administrative law...more

White & Case LLP

Kisor Deference: The New Judicially-Driven Auer Deference

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A divided Supreme Court changed the landscape of administrative law in a recent decision, Kisor v. Wilkie. In Kisor, a slim majority declined to overrule Bowles v. Seminole Rock & Sand Co., Auer v. Robbins and related cases,...more

Jackson Lewis P.C.

What Supreme Court On Deference To Agency Interpretations May Mean

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Courts’ deference to agency interpretations of their own statutes and regulations has been a mainstay of administrative law. The Chevron Doctrine has since 1984 provided that courts should put a “thumb-on-the-scales in favor...more

King & Spalding

United States Supreme Court Limits Deference Standard in Kisor v. Wilkie Decision

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On June 26, 2019, the United States Supreme Court issued its decision in Kisor v. Wilkie. After hearing oral arguments in March, the Court considered whether to overrule the Auer deference standard, the long-standing doctrine...more

K&L Gates LLP

Declining to Overrule a Long-Standing Agency Deference Doctrine, the Supreme Court Nonetheless Cautions That its Limitations...

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Federal agencies issue hundreds of significant rules each year, affecting virtually all aspects of U.S. economic activity. For decades, businesses, consumers, environmental and labor groups, and others have challenged these...more

Amundsen Davis LLC

United States Supreme Court Confirms And Limits Court’s Deference To Agency Guidance

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On June 26, 2019, the U.S. Supreme Court confirmed the continued viability of Auer deference, an interpretive doctrine that requires courts to defer to an agency’s reasonable reading of a genuinely ambiguous regulation. In...more

Blank Rome LLP

Leveling the Playing Field against Federal Agency Regulatory Interpretation: The Supreme Court’s Kisor Decision and the U.S....

Blank Rome LLP on

Last month, the Supreme Court in Kisor v. Wilkie, 139 S.Ct. 2400 (2019) upheld what is known in administrative law as Auer deference: the age-old principle that a court should defer to an agency when the agency is...more

Beveridge & Diamond PC

Who Gets to Decide What an Agency Meant? U.S. Supreme Court Places Limits on Agency Deference

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In a 5-4 decision, the United States Supreme Court has ruled that governmental agencies are still entitled to deference in interpreting their own regulations—but only where those regulations are “genuinely ambiguous.” Kisor...more

Constangy, Brooks, Smith & Prophete, LLP

Supreme Court Rewrites The Rules For Judicial Deference To Agency Interpretations

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The bête-noir of conservative jurisprudence is the “administrative state,” fueled by judicial doctrines affording various degrees of deference to administrative regulations, interpretive guidelines, and pronouncements. Last...more

Morgan Lewis - Health Law Scan

The Zombification of Auer: Supreme Court Cabins Agency Deference in Kisor v. Wilkie

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Paired with the recent decision in Azar v. Allina, the healthcare industry in particular can hope for a greater voice in the regulatory process in the wake of the US Supreme Court’s directives. With Allina’s requirement that...more

McDermott Will & Emery

SCOTUS Creates Opportunities to Challenge Administrative Regulation: Implications of Kisor v. Wilkie

McDermott Will & Emery on

McDermott partners Paul W. Hughes and Michael B. Kimberly, co-chairs of the Firm’s Supreme Court & Appellate Litigation practice, represented James Kisor in the recent Supreme Court case Kisor v. Wilkie, with Paul arguing the...more

Bricker Graydon LLP

Supreme Court declines to overrule Auer deference

Bricker Graydon LLP on

On June 26, 2019, the U.S. Supreme Court issued a decision in Kisor v. Wilkie, and the result is a mixed bag for companies subject to federal regulation. While the Court declined to overrule Auerdeference — the doctrine...more

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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...more

Franczek P.C.

Supreme Court Kisor Decision Has Implications for Employers

Franczek P.C. on

This week, 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...more

Seyfarth Shaw LLP

Supreme Court Upholds “Auer” Doctrine of Deferring to Agency’s Interpretation of its Own Ambiguous Regulation, While Imposing...

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Seyfarth Synopsis: The U.S. Supreme Court upheld this week a key component of administrative law that tells judges to defer to an executive agency’s interpretation of its own ambiguous regulation. Kisor v. Secretary of...more

Nossaman LLP

Agency Deference Survives – For Now – In Recent Supreme Court Opinion

Nossaman LLP on

On June 26, 2019, the Supreme Court issued its opinion in Kisor v. Wilkie (No. 18-15), a case concerning what level of deference courts owe to federal agency interpretations of their own regulations. The issue before the...more

Eversheds Sutherland (US) LLP

State tax implications of US Supreme Court’s limitation of judicial deference to agency interpretations of their own regulations

Eversheds Sutherland (US) LLP on

On June 26, 2019, the US Supreme Court issued its opinion in Kisor v. Wilkie. The Court declined to overturn Auer v. Robbins and Bowles v. Seminole Rock & Sand Co, but reinforced the limits on the applicability of the...more

Franczek P.C.

Supreme Court Issues Two Decisions With Implications for Public Schools

Franczek P.C. on

The Supreme Court closed out its current term this week, issuing decisions in two cases with important implications for public schools. In Kisor v. Wilkie, issued yesterday, a surprising majority of the Court (the liberal...more

WilmerHale

A Divided Supreme Court Narrowly Upholds Auer Deference

WilmerHale on

On June 26, 2019, the US Supreme Court issued a decision in Kisor v. Wilkie. The question presented in Kisor was whether to overrule the Court’s prior decisions in Auer v. Robbins, 519 U.S. 452 (1997), and Bowles v. Seminole...more

Davis Wright Tremaine LLP

Not After Auer(s) Yet

Davis Wright Tremaine LLP on

To the surprise of many, on June 26, a unanimous Supreme Court in Kisor v. Wilkie allowed continued, though limited, deference to an agency’s interpretation of its own ambiguous regulatory language. ...more

Constangy, Brooks, Smith & Prophete, LLP

SCOTUS Rules On Deference To Agency Interpretations

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Not much of a showdown. Old Westerns used to end at high noon on Main Street. At one end was the White Hat, at the other end was the Black Hat. Suddenly, guns flashed, shots rang out, and we all held our breath to see who...more

Sherman & Howard L.L.C.

“Deference” “Upheld.”

Sherman & Howard L.L.C. on

The Supreme Court’s decision today on “Auer” deference leaves life in the legal trenches untouched. See Kisor v. Wilkie, No. 18-15 (S.Ct. June 26, 2019) Under Kisor, when a regulatory agency issues a rule that is really,...more

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