The Auer Doctrine Suffers Pyrrhic Victory in Kisor v. Wilkie

Published: 27/06/2019
The Auer Doctrine Suffers Pyrrhic Victory in Kisor v. Wilkie
Source: WWW.CATO.ORG

Sometimes it’s possible to lose in name only. Consider, for example, Cato’s position in Kisor v. Wilkie , which the Supreme Court yesterday decided. By a 5 – 4 vote, the Court upheld the Auer doctrine, or binding judicial deference to an agency’s interpretation of its own regulation. Only four Justices actually validated the Auer doctrine; Chief Justice Roberts provided the fifth vote solely out o

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