In 2006, Vietnam veteran James Kisor appealed the denial of his disability benefits by the Department of Veterans Affairs. Their disagreement stems from differing definitions of the term “relevant” as used in regulations which are created, interpreted, and enforced by the VA.

Should the courts defer to agencies’ interpretations of their own regulations? Adam White of the Hoover Institute and the Antonin Scalia Law School analyzes the past, present, and future of Auer deference in Kisor v. Wilkie. Oral argument is March 27, 2019.

As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speaker.

Learn more about Adam White:
https://www.hoover.org/profiles/adam-j-white
https://www.law.gmu.edu/faculty/directory/fulltime/white_adam

 

Related Links & Differing Views:

The George Washington Law Review: “Kisor v. WIlkie”
https://www.gwlr.org/on-the-docket/kisor-v-wilkie/

Yale Journal on Regulation: “Why the Supreme Court Might Overrule Seminole Rock”
http://yalejreg.com/nc/why-the-supreme-court-might-overrule-seminole-rock/

SCOTUSblog: “Symposium before the oral argument in Kisor v. Wilkie”
https://www.scotusblog.com/category/special-features/symposia-before-oral-arguments-of-october-term-2018/symposium-before-the-oral-argument-in-kisor-v-wilkie/

Reuters: “Everybody hates Auer: Supreme Court challenge to agency deference draws 25 amicus briefs”
https://www.reuters.com/article/us-otc-auer/everybody-hates-auer-supreme-court-challenge-to-agency-deference-draws-25-amicus-briefs-idUSKCN1PQ5TZ

Yale Law & Policy Review: “The Uneasy Case Against Auer and Seminole Rock”
https://ylpr.yale.edu/uneasy-case-against-auer-and-seminole-rock