United States:
Supreme Court Hearing Oral Argument On Agency-Deference Question
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The Supreme Court of the United States heard oral argument on
March 27, 2019 concerning a case (Kisor v. Wilkie, No.
18-15) involving the Department of Veteran Affairs (VA). The case
asks the Supreme Court to consider overruling the current doctrine
which allows an agency to interpret its own regulation unless it is
clearly incorrect. A merits brief has been filed by the Solicitor
General of the United States (SG) in Kisor on behalf of
the VA, in agreeance that the Supreme Court should clarify and
narrow the deference standard applied to agency regulatory
interpretations. A decision is expected prior to the Court's
recess in June. To read more on the case, please visit our Health Industry Washington Watch blog.
This article is presented for informational purposes only
and is not intended to constitute legal advice.
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