James L. Kisor, Petitioner v. Peter O'Rourke, Secretary of Veterans Affairs

  1. February 26, 2019

    'Auer' Should Be Trimmed, Not Tossed, Gov't Tells Justices

    Lawyers for the federal government struck a delicate position Monday in a Supreme Court appeal seeking to overturn a pro-agency judicial doctrine that has drawn scorn from conservative judges and academics, asking that so-called Auer deference be "clarified and narrowed" rather than abandoned entirely.

  2. December 17, 2018

    'Auer Someday Will Be Overruled,' Kavanaugh Said In 2016

    Justice Brett Kavanaugh predicted two years ago that the U.S. Supreme Court would "someday" overturn a legal doctrine in favor of government agencies known as Auer deference, and he could now be the one to decide whether that happens after the court agreed to review Auer last week.

  3. December 10, 2018

    Supreme Court Agrees To Reconsider 'Auer' Deference

    The U.S. Supreme Court on Monday agreed to reconsider a key precedent of administrative law that tells judges to defer to an agency's interpretation of its own ambiguous regulation, taking up a challenge to so-called Auer or Seminole Rock deference, which has been criticized by several conservative justices on the court.