Subscriber Login

Daily News

Supreme Court Urged To Scrap 'Egregiously Wrong' Deference To Agencies

January 28, 2019
The Supreme Court is facing calls to end its long-standing precedent deferring to OSHA and other agencies' interpretations of their own rules, with a critic's opening legal brief urging the justices to scrap the “egregiously wrong” precedent because it allows regulators to change rules on a whim without notice-and-comment rulemaking. “This is a rare circumstance in which overruling precedent is warranted. When examined on the merits, it is clear that both Seminole Rock and Auer are egregiously wrong,”...

Already a subscriber? Please log in using the form at the upper right of this page.