Topic
Auer deference
10 published works
The Nickel Report
Lower Courts Grappling with Deference Principles Following Kisor
Regardless of whether Kisor changed principles of deference under Auer, lower courts appear less inclined to find ambiguity in agency regulations after the Kisor decision; and when they do, “unfair…
Employment Law Worldview
US District Courts Start Applying Kisor v. Wilkie; Is Auer Deference Now a “Paper Tiger”?
Our colleague Brent Owen at the FrESH Law Blog (which covers perspectives on Environmental, Safety, and Health law) recently provided an update to his prior post addressing the US Supreme Court’s then-pending decision in Kisor…
Accessibility Defense
Bend the Knee – Auer deference in ADA Title II and III litigation.
By Richard Hunt
Auer deference – the subject of the Supreme Court’s recent decision in Kisor v. Wilkie – has played a role in some important ADA cases, especially those concerning the line-of-sight issue for movie…
E2 Law Blog
What Environmental Lawyers Should Know About the Limits of ‘Auer’ Deference
The U.S. Supreme Court recently had the opportunity to overturn Auer deference, Kisor v. Wilkie, No. 18-15, (U.S. June 26, 2019). A 5-4 majority declined to do so, but not without…
Accessibility Defense
Auer deference and the Fair Housing Act – does Kisor change anything?
By Richard Hunt
Just last week the Supreme Court took a long hard look at something called “Auer deference” and decided that it would remain the law, but with some strings attached. Kisor v…
Appellate Advocacy Blog
Appellate Advocacy Blog Weekly Roundup Friday, March 29
Each week, the Appellate Advocacy Blog Weekly Roundup presents a few tidbits of news and Twitter posts from the past week concerning appellate advocacy. As always, if you see something…
Tax Controversy 360
The (Potential) Demise of Auer Deference?
On December 10, 2018, the Supreme Court granted certiorari in the case of James L. Kisor v. Peter O’Rourke, Acting Secretary of Veteran Affairs, S.Ct. Dkt. No. 18-15. Although this…
PrawfsBlawg
Can Trump use Auer deference to undo Obama’s rules?
Main Saturday, December 30, 2017Can Trump use Auer deference to undo Obama’s rules? Last week, Judge Beryl Howell held that HUD could not refuse to implement an Obama Administration rule…
Tax Controversy 360
Supreme Court Grants Certiorari in Case Involving Auer Deference
By Andrew R. Roberson, McDermott Will & Emery
On October 28, 2016, the US Supreme Court (Supreme Court) granted certiorari in the case of Gloucester County Sch. Bd. V. G.G., No. 16-273, which involves a dispute as to…
Tax Controversy 360
Auer Deference Debate Remains Unresolved
As we previously discussed, the issue of deference is a hot topic in the tax arena. Unfortunately, the Supreme Court of the United States recently passed on the opportunity to…