Tag Archives: Deference

The End to Agency Deference in Florida Tax Disputes [Florida]

Many a Florida taxpayer has disagreed with the Department of Revenue’s interpretation of a tax statute. I recently was involved in an audit where it was clear to us that the Florida Administrative Code provisions were not supported by the … Continue reading

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Larkin & Slattery on Seminole Rock-Auer Deference

Paul J. Larkin, Jr. (The Heritage Foundation) & Elizabeth Slattery (The Heritage Foundation) have posted Essay: The World After Seminole Rock and Auer (42 Harv. J. L. & Pub. Pol'y, Issue 2, Forthcoming) on SSRN.  Here is the abstract: For more than … Continue reading

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The Empty Case for Overruling Auer Deference

The U.S. Supreme Court yesterday granted review in a highly-anticipated case that squarely presents the question of whether a well-established administrative law doctrine called Auer deference—also known as Seminole Rock deference—should be overruled. This moment has been a long time … Continue reading

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Justices take case bearing on agency deference

By Anne Sherry, J.D. The Supreme Court granted certiorari to decide whether to overrule two decisions directing courts to defer to an agency’s reasonable interpretation of its own regulation. The Auer and Seminole Rock cases are cousins to Chevron, which … Continue reading

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Kavanaugh and the Deference Doctrines

Discussion of Judge Brett Kavanaugh’s nomination to the U.S. Supreme Court has focused on doctrines of deference to administrative decisions. Despite some hypertensive rhetoric around these issues, there is little to get excited about, unless you are looking for greater … Continue reading

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