Kisor, Gundy, Mead, Chevron, Skidmore, Hearst, by Peter Strauss

Kisor v. Wilkie, in which the Court narrowly declined to overrule Auer deference while distinctly constraining its reach, shares with United States v. Mead Corp. and Skidmore v. Swift & Co.—so prominently mentioned in its opinions—the characteristic of being about an administrative action that, at root, is soft law, guidance. Quite appropriately, it did not … Continue reading Kisor, Gundy, Mead, Chevron, Skidmore, Hearst, by Peter Strauss