Auer deference affirmed in Kisor v. Wilkie

Administrative agencies write a lot of regulations, which are published in the code of federal regulations (CFR). However, like Congress, Agencies sometimes write regulations that are unclear or ambiguous.

In a case called Auer, the Supreme Court held that when it is an issue where the agency has subject matter expertise, the agency should be given deference by the courts in interpreting its own rules and regulations. This has been criticized on the basis that it allows agencies to change the meaning of a regulation without changing any of the words, thus bringing regulations and administrative law in general into a state of continuing uncertainty.

Kisor wanted benefits related to his prior military service from the VA, but VA in interpreting its rules did not grant Kisor the relief he has asked for.

In today's decision, the court reexamines Auer, and considers how much benefit of the doubt a federal agency should get ...