Divided SCOTUS Affirms Auer Deference to Agencies’ Interpretations

The Supreme Court of the United States recently affirmed so-called Auer deference (also referred to as Seminole Rock deference), which requires courts to defer to an agency’s own interpretation of its ambiguous regulations. A 5-4 decision in Kisor v. Wilkie, penned by Justice Kagan and with Chief Justice Roberts playing the role of swing vote, the Supreme Court found it prudent not to overturn precedent, but rather to “reinforce [Auer’s] limits.”