In a February oral argument, Justice Neil Gorsuch called one of the Supreme Court’s precedents “a dog’s breakfast”—a rarely used colloquial way of saying that it was a complete mess.
On Wednesday, the court served up what may prove to be another canine meal in the form of Kisor v. Wilkie. The dissent-free decision seemed to have rescued the so-called “Auer doctrine” on deference to regulatory agencies, even though most of the nine justices criticized it and said the doctrine is just one more case away from being overruled.
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