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1. The final Auer: Midnight approaches for an important deference doctrine.

Author

Lorenzen, Tom, Wolff, Dan, and Das, Sharmistha

Subjects
*RESPECT, *DOGMA, *JUDICIAL deference, *UNITE the Right rally, Charlottesville, Va., 2017
Abstract

Highlights from the article: In Kisor v. Wilkie, the Supreme Court stands poised to banish Auer deference from the arsenal of tools available to federal agencies in regulatory litigation. The Federal Circuit sided with the VA. While finding that both Kisor and the VA posited reasonable interpretations of the word "relevant", the court felt bound by Auer to defer to the VA's.

Published
2019

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