Supreme Court hearing oral argument on agency-deference question

The Supreme Court of the United States heard oral argument on March 27, 2019 concerning a case (Kisor v. Wilkie, No. 18-15) involving the Department of Veteran Affairs (VA). The case asks the Supreme Court to consider overruling the current doctrine which allows an agency to interpret its own regulation unless it is clearly incorrect. A merits brief has been filed by the Solicitor General of the United States (SG) in Kisor on behalf of the VA, in agreeance that the Supreme Court should clarify and narrow the deference standard applied to agency regulatory interpretations. A decision is expected prior to the Court’s recess in June. To read more on the case, please visit our Health Industry Washington Watch blog.

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