Jul. 1, 2019
Administrative deference reaches its zero Auer
Last week’s Supreme Court decision in Kisor v. Wilkie dramatically rewrote the rules for deference, retaining so-called Auer deference in name only.
Steven B. Katz
Partner
Constangy, Brooks, Smith & Prophete LLP
1800 Century Park E Fl 6
Los Angeles , CA 90067
Phone: (310) 597-4553
Email: skatz@constangy.com
USC Law School
Steven B. Katz is a partner and co-chair of the Appellate Practice Group at Constangy, Brooks, Smith & Prophete, LLP. He represents employers in class, collective and representative actions, and appeals.
The bête-noir of conservative jurisprudence is the "administrative state," fueled by judicial doctrines affording various degrees of deference to administrative regulations, interpretive guidelines and pronouncements. Last week's Supreme Court decision in Kisor v. Wilkie, 2019 DJDAR 8754 (June 26, 2019), dramatically rewrote the rules for deference, retaining so-called
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