Supreme Court decision keeps 'Auer deference,' which strengthens power of government regulators.
Source: cnbc
The Supreme Court on Wednesday refused to overturn a precedent that strengthens the power of government regulators in a closely watched case that could have had broad ramifications for federal agencies.
The precedent is known as Auer deference, after the 1997 case Auer v. Robbins. Since Auer, the Supreme Court has held that courts should defer to agencies interpretations of their own rules if those rules are ambiguous.
The facts of the case involved a Marine veteran, James Kisor, who argued that the Department of Veterans Affairs owes him retroactive disability payments dating back to the 1980s to cover treatments for post-traumatic stress disorder he developed from involvement in particularly gruesome fighting in Vietnam.
Veterans Affairs argued that under its regulations it is only required to provide benefits to Kisor dating back to 2006. That interpretation was considered binding under Auer.
Read more: https://www.cnbc.com/2019/06/26/supreme-court-refuses-to-overturn-auer-rule-that-bolsters-regulators.html
DeminPennswoods
(15,286 posts)I don't think Gorsuch, Kavanaugh, Alito or Thomas are fans of gov't regulators.