GKG Law's Brendan Collins Quoted in Bloomberg's "Businesses Target Scalia Opinion in Supreme Court Regulatory Fight"
March 26, 2019
Bloomberg
A U.S. Supreme Court ruling written by conservative icon Justice Antonin Scalia has become an unlikely target for business groups. And now the court may be poised to overturn it.
Scalia’s 1997 opinion requires judges generally to defer to federal agencies’ interpretations of their own regulations. Industry trade associations say the decision gives agencies too much power, fostering onerous and unpredictable rules. The groups will ask the court to jettison the ruling in a case set for argument Wednesday.
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All signs indicate the court is poised to cut back on deference. Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh have all questioned the Auer ruling. Thomas has twice written that Auer deference was “on its last gasp.”
“I’d be shocked if they don’t at least scale back on the deference,” said Brendan Collins, a lawyer at GKG Law. “I think the odds are they are just going to strike it down, even though it’s pretty well established.”
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