Business Roundtable, U.S. Chamber of Commerce, Association of American Railroads Amicus Brief in Kisor v. Wilkie
Business Roundtable, the U.S. Chamber of Commerce and the Association of American Railroads on January 31, 2019, filed an amicus brief in Kisor v. Wilkie urging the U.S. Supreme Court to overturn the Auer doctrine.
Business Roundtable, the U.S. Chamber of Commerce and the Association of American Railroads on January 31, 2019, filed an amicus brief in Kisor v. Wilkie, urging the U.S. Supreme Court to overturn the Auer doctrine, which direct courts to defer to an agency’s “reasonable” interpretation of its own ambiguous regulation. The doctrine contributes to regulatory uncertainty by allowing agencies to promulgate vague regulations that invite later, often far-reaching interpretations. Such interpretations are also not subject to the Administrative Procedure Act, which allows interested parties, such as business, to participate in the regulatory process.