WASHINGTON - The U.S. Supreme Court on Wednesday constrained the power of federal agencies, scaling back a legal doctrine that calls for judges to give agencies deference to interpret their own rules but declining to eliminate it as four conservative justices wanted.
“So the doctrine emerges maimed and enfeebled - in truth, zombified,” wrote conservative Justice Neil Gorsuch, who had wanted to terminate Auer deference. The Supreme Court threw out a lower court’s ruling denying retired U.S. Marine James Kisor, 75, benefits dating back to 1982 arising from battle-related post-traumatic stress disorder. The justices sent the case back to the lower court to reconsider Kisor’s claim on the meaning of a regulation that the VA had said was unfavorable to Kisor.
Kisor’s attorney, Paul Hughes, said the ruling significantly narrows agency authority and “delivers a significant victory, not only for our client James Kisor, but also for regulated parties across the spectrum.”Republican President Donald Trump has pursued extensive deregulation including efforts to roll back government regulations related to environmental protections, financial services and other industries.
Sam Berger of the liberal advocacy group Center for American Progress said it was heartening that the court did not “wipe away decades of precedent to favor the interests of big businesses and the wealthy over everyone else.”
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