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December 14, 2018

Is the U.S. Supreme Court About to Rein in Agency Powers?

A Wall Street Journal opinion piece discusses a forthcoming U.S. Supreme Court case that could significantly limit the power of the federal administrative state.

Peter J. Wallison of the American Enterprise Institute said the Court’s decision in Kisor v. Wilkie may overturn what is known as  “Auer” deference, which comes from the 1997 Supreme Court decision in Auer v. Robbins. Under this principle, federal courts defer to an agency’s interpretation of its own ambiguous regulations. Wallison said this has “enabled the agencies of the executive branch to assert power Congress never gave them.”

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