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Capitol Correspondence - 02.25.19

For the Lawyer in All of Us: Kisor v. Wilkie (It’s About Federal Agency Guidance)

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ANCOR is sharing this information because of the deep relevance of agency interpretation of regulations to the functioning of our services.

On March 27, the Supreme Court will revisit the 1997 Auer v. Robbins decision that courts must give “controlling weight” to an agency’s interpretation of its own regulations unless that interpretation is “plainly erroneous.” The Auer deference allows agencies like the Labor Department to issue guidance to clarify the meaning of regulations without having to go through the cumbersome rulemaking progress. Read more about the case being heard in March (Kisor v. Wilkie) by checking out this Scotusblog entry.