Kisor v. Wilkie
Citation
588 U.S. 558 (2019)
Facts
Stub — to be completed.
Issue
Stub — to be completed.
Holding
Stub — to be completed.
Rule
Auer deference survives but is significantly cabined: it applies only when (1) the regulation is genuinely ambiguous after exhausting all tools of construction, (2) the agency’s interpretation is reasonable, (3) the interpretation is the agency’s authoritative or official position, (4) the interpretation implicates the agency’s substantive expertise, and (5) the interpretation reflects the agency’s fair and considered judgment.
Significance
Reaffirmed but substantially narrowed Auer deference; declined to overrule it but added five prerequisites limiting when deference applies.