Administrative Law
Kisor v. Wilkie, 139 S. Ct. 2400 (U.S. Supreme Court 2019)
Study notes for Kisor v. Wilkie: professor notes, cold call prep, exam angles, and memory aids.
The Court upheld Auer deference but circumscribed its application to ensure adequate judicial scrutiny of agency interpretations.
In Kisor v. Wilkie, the Supreme Court addresses pivotal questions surrounding Auer deference, focusing on how much weight courts should give an agency's interpretation of its own regulations. The Court reinforced the doctrine but clarified its application, emphasizing that deference should only be granted when certain stringent criteria are met. This case illustrates the delicate balance between administrative agency expertise and judicial oversight, particularly in the context of veterans' benefits and the interpretation of regulatory terms.
Auer Applies after A, B, C: Agency's expertise, Binding interpretation, Court finds ambiguity.
| Case | Distinction |
|---|---|
| Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. | Chevron deference applies to agency interpretation of statutes rather than their own regulations, as seen in Kisor. |
| Skidmore v. Swift & Co. | Skidmore recognizes that agency interpretations may receive deference based on their persuasiveness and thoroughness, unlike the more rigid Auer standard. |
| United States v. Mead Corp. | Mead established that Chevron deference applies only when Congress delegates authority to an agency for rulemaking, which has a different threshold compared to Auer. |
Maintaining Auer deference supports agencies' ability to leverage their expertise in interpreting complex regulations, which can benefit affected individuals.
Restricting Auer deference can promote judicial independence and ensure that agencies do not overreach in their regulatory interpretations.
This case often appears on exams in discussions regarding administrative law principles, particularly the limits and applications of Auer deference and its impact on judicial review of agency decisions.