U.S. Supreme Court,
Constitutional Law
Apr. 16, 2019
We need to rein in agency deference
The U.S. Supreme Court heard arguments in a recent case concerning the deference courts give to agencies when interpreting their own ambiguous regulations.
Anthony T. Caso
Professor of Law
Chapman University, Fowler School of Law
1 University Dr Chapman
Orange , CA 92866-1005
Phone: (916) 601-1916
Fax: (916) 307-5164
McGeorge School of Law
Anthony is director of the Claremont Institute's Constitutional Jurisprudence Clinic at Chapman University, Fowler School of Law
What does it mean that a record is "relevant" to a determination? More importantly, who should decide that question? That is the issue before the U.S. Supreme Court in Kisor v. Wilke, argued on March 27. The case concerns a regulation governing payment of retroactive VA benefits. The regulation states that retroactive benefits are payable when a "relevant" record that had not been previously considered is discovered and associated with the...
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