Supreme Court to Hear Case Challenging Power of Federal Regulators

Filed in Legal by on December 12, 2018 3 Comments

gavel and booksThe U.S. Supreme Court on Dec. 10 agreed to hear a case that has widespread implications for how courts handle challenges to all agency regulations.

The case, Kisor v. Wilkie, addresses the issue of whether courts should defer to an agency’s interpretation of its own regulations, known also as Auer deference.

NAHB supported the petitioner with an amicus brief as part of a proactive strategy developed to identify cases that put this issue squarely before the Supreme Court.

NAHB has long been concerned with this type of judicial deference because it can create incentives for agencies to avoid formal rulemaking processes, or create vague regulations that they can later interpret however they see fit. Either tactic prevents home builders and other industries from participating in the development of rules that govern their activities.

The NAHB Legal Action Committee and legal staff have developed a number of strategies to ensure that NAHB is well-positioned to influence litigation on the issues that impact NAHB members, including cross-cutting regulatory issues that influence how courts review all federal regulatory actions.

The Supreme Court will hear this case next year, and a decision is expected by the end of June 2019.

For more information, contact Amy Chai at 800-368-5242 x8232.



Comments (3)

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  1. THis sounds like a very good an overdue test of the regulatory powers. I am following this one anxiously

  2. CT says:

    This just sounds like something a 9th grader learning about checks and balances would look at and ask how is this possibly constitutional?!?!

    • David Koster says:

      Unfortunately, very few schools teach anything remotely related to Civics or how our system of government is designed to work. anymore. On the other hand, every ninth grader knows when Earth Day is can qualify for advanced credit in climate change dogma.

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