Roberts' 'Swing' Vote Could Determine Future Of Agency Deference Doctrine

April 1, 2019
Supreme Court Chief Justice John Roberts' currently unknown position on when courts should defer to EPA and other federal agencies' interpretations of their regulations will largely determine whether and to what degree the current standard remains, according to legal experts. Several sources also say that how Roberts and the rest of the justices rule following March 27 oral argument in Kisor v. Wilkie, the case challenging agencies' deference to interpret their own regulations, could determine their approach if and...

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