September 01, 2019

The future of agency deference after Kisor v. Wilkie

Erin Murphy

In recent years, the U.S. Supreme Court has expressed considerable concern over the vast expansion of the administrative state, as have many of President Trump’s appointments to the lower courts. Yet when the Court had a chance to do away with one of the doctrines through which it defers to the views of agencies this Term in Kisor v. Wilkie, a majority of the Court declined to do so. That result has many questions about what, if anything, it signals for the future of agency deference in the federal courts.

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