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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,”...

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