Revisiting Judicial Deference

Revisiting Judicial Deference

0 0 5 months ago
The seventh annual Executive Branch Review Conference took place on May 8, 2019, at the Mayflower Hotel in Washington DC. The luncheon panel was titled "Revisiting Judicial Deference."
The Department of Justice position taken in Kisor v. Wilke seems to acknowledge that Auer deference is in jeopardy and is a marked difference in tone from how DOJ has continued to strongly defend executive authority in its arguments and briefing in the lower appellate courts. Historically, two key ... See More

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