U.S. Supreme Court Justices Clarence Thomas and Neil Gorsuch on Monday chided their colleagues for passing up “another opportunity” to end the “constitutionally suspect” power of federal agencies to interpret their own regulations.
Thomas, joined by Gorsuch, dissented from the high court’s decision not to review the case Garco Construction Inc. v. Speer. At the heart of the dispute between the construction company and the U.S. Army was a judicial doctrine known as “Auer deference,” which requires courts to give controlling weight to an agency’s interpretation of its own regulations.
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