Foster v. Vilsack – Regulatory Reform
U.S. Supreme Court – cert petition
In this case, NFIB Legal Center is once again calling upon the Supreme Court to reconsider the controversial Auer doctrine, through which courts afford deference to agencies on interpretations of vague or ambiguous regulations. In light of recent Supreme Court decisions questioning the doctrine, we argue that the time has come for the Court to expressly reconsider Auer, or to at least provide better guidance as to when it should apply. Thus for example, in this case, we argue that Auer deference should not apply to an agency’s interpretation if a field manual or informal guidance.
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