If you thought Wednesday’s U.S. Supreme Court argument in Kisor v. Wilkie would definitely foreshadow the next step in the Trump era dismantling of the administrative state, think again.
Several justices, along with U.S. Solicitor General Noel Francisco, expressed concern about overturning two precedents that direct courts to defer to an agency’s interpretation of its own ambiguous regulations. That level of deference, dubbed “Auer deference” after the 1997 Auer v. Robbins decision, has been attacked by conservatives and business organizations for giving too much power to regulatory agencies.
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