September 25, 2020
High Court Urged To Reject Push For Preserving Narrow Deference
A Marine Corps veteran asking the Supreme Court to scrap its practice of deferring to OSHA and other agencies on their regulatory interpretations says the justices should reject the Trump administration’s push for a scaled-back deference doctrine, arguing such an outcome would have “bizarre, if not destructive” consequences. The petitioner’s March 14 brief in Kisor v. Wilkie pushes back against the Department of Justice’s (DOJ) bid to preserve a limited form of the Auer deference doctrine that gives...
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