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High Court Preserves But Limits Auer Deference In Fractured Opinion

June 26, 2019
The Supreme Court by a 5-4 vote has preserved the long-standing doctrine that mandates judicial deference to OSHA and other agencies’ “reasonable” readings of ambiguities in their rules, but the majority’s emphasis on the doctrine’s limits prompted conservative justices to warn the test has been so weakened it may as well be “zombified." Moreover, the majority opinion in Kisor v. Wilkie , released on June 26, only has partial support from Chief Justice John Roberts, a key swing vote on...

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