Auer Deference and Administrative Law

Deference is one of those magical words in the world of regulatory policy. Different types of deference play a huge role in how courts and federal agencies interact when it comes to deciding cases, and those cases in turn help shape federal policy on everything from healthcare to financial markets to environmental protection.

We say that upfront, because we’re about to dip our toes in the waters of administrative law, that’s the branch of law that deals with how regulations are made, and Chad's the only non-lawyer here at the table. So he reserves the right to interrupt and ask for clarifications as we go.

That said, we’re here today to talk about Kisor v. Wilkie, a case currently before the US Supreme Court. On paper, this is a case about the Department of Veterans’ Affairs decision to deny a veteran benefits. James Kisor is the veteran, and Robert Wilkie is the Secretary of the VA.

But as with any case before the Supreme Court, more is at stake here than just the people named in the individual case, and here to explain why this case matters and what we know about it so far are two regulatory legal experts.

First, we're happy to welcome back to the show Jennifer Huddleston. Jennifer is a scholar here at Mercatus whose work often focuses on the intersection between technology and regulation. She’s been on the Download here before to talk about transportation innovation as well as data privacy.

Second, from all the way on the other side of the building, we’re joined by Adam White. Adam is the Executive Director of the C. Boyden Gray Center for the Study of the Administrative State here at George Mason University’s Antonin Scalia Law School. He’s also a law professor there and wears a handful of other academic and policy hats.

Follow Chad on Twitter @ChadMReese.

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