OwlTail

Cover image of Kisor v. Wilkie

Kisor v. Wilkie Podcasts

Read more

9 of The Best Podcast Episodes for Kisor v. Wilkie. A collection of podcasts episodes with or about Kisor v. Wilkie, often where they are interviewed.

Read more

9 of The Best Podcast Episodes for Kisor v. Wilkie. A collection of podcasts episodes with or about Kisor v. Wilkie, often where they are interviewed.

Updated daily with the latest episodes

Episode artwork

Non-binding Guidance: A Discussion of Kisor v. Wilkie

Play
Read more
The seventh installment of Ropes & Gray’s podcast series, Non-binding Guidance, dives into the closely watched administrative law case, Kisor v. Wilkie. This Supreme Court case addresses the continued validity of the doctrine articulated in the 1997 Supreme Court case Auer v. Robbins, regarding judicial deference to federal administrative agency interpretations of their own regulations. In this episode, Ropes & Gray partner Greg Levine interviews his colleagues, Doug Hallward-Driemeier and Beth Weinman, about the factual background, opinions, and potential implications of Kisor, with particular emphasis on its significance for FDA-regulated life sciences companies seeking to challenge FDA or other federal agency regulatory interpretations. Among other things, Beth and Doug discuss the signals the Kisor case sends about the future of Chevron deference, which addresses the related question of judicial deference to agency interpretations of statutes. Tune in to this discussion to learn about key takeaways from the Supreme Court’s Kisor ruling and its potential impact on FDA-regulated companies.
Nov 12 2019 · 27mins
Episode artwork

Non-binding Guidance: A Discussion of Kisor v. Wilkie

Play
Read more
The seventh installment of Ropes & Gray’s podcast series, Non-binding Guidance, dives into the closely watched administrative law case, Kisor v. Wilkie. This Supreme Court case addresses the continued validity of the doctrine articulated in the 1997 Supreme Court case Auer v. Robbins, regarding judicial deference to federal administrative agency interpretations of their own regulations. In this episode, Ropes & Gray partner Greg Levine interviews his colleagues, Doug Hallward-Driemeier and Beth Weinman, about the factual background, opinions, and potential implications of Kisor, with particular emphasis on its significance for FDA-regulated life sciences companies seeking to challenge FDA or other federal agency regulatory interpretations. Among other things, Beth and Doug discuss the signals the Kisor case sends about the future of Chevron deference, which addresses the related question of judicial deference to agency interpretations of statutes. Tune in to this discussion to learn about key takeaways from the Supreme Court’s Kisor ruling and its potential impact on FDA-regulated companies.
Nov 12 2019 · 27mins

Similar People

Allen v. Cooper

Hernandez v. Mesa

Collins v. Virginia

McCoy v. Louisiana

Bucklew v. Precythe

v. Lewis

Abbott v. Perez

Mathena v. Malvo

Nasrallah v. Barr

Ilya Somin

Hawaii v. Hawaii

Article V

Gill v. Whitford

Biestek v. Berryhill

Ajit Pai

Episode artwork

Deep Dive 62 – An Update on Kisor v. Wilkie

Play
Read more
Last week the Supreme Court decided the much-anticipated Kisor v. Wilkie case. The Court had granted certiorari in Kisor to decide whether to overrule Bowles v. Seminole Rock & Sand Co., 325 U.S. 410 (1945), and Auer v. Robbins, 519 U.S. 452 (1997). Seminole Rock and Auer are often cited for the proposition that when an administrative agency promulgates a regulation and the regulation is ambiguous, a reviewing court must give “controlling weight” to the agency’s interpretation of the regulation unless the interpretation is plainly erroneous or is inconsistent with the regulation. A number of the Court’s members had cast doubt on the soundness of the Seminole Rock/Auer deference doctrine in recent years, and many observers have predicted that the doctrine’s days are numbered.

Karen Harned and Stephen Vaden discuss that morning’s highly-fractured decision in Kisor and its potential implications — including for the Chevron deference doctrine that applies to agency interpretations of statutory provisions.

Featuring:
- Karen Harned, Executive Director, NFIB Small Business Legal Center
- Stephen Vaden, General Counsel, United States Department of Agriculture

Visit our website – RegProject.org – to learn more, view all of our content, and connect with us on social media.
Jul 03 2019 · 58mins
Episode artwork

Judicial Deference Determined: Kisor v. Wilkie

Play
Read more
This morning the Supreme Court decided the much-anticipated Kisor v. Wilkie case. The Court had granted certiorari in Kisor to decide whether to overrule Bowles v. Seminole Rock & Sand Co., 325 U.S. 410 (1945), and Auer v. Robbins, 519 U.S. 452 (1997). Seminole Rock and Auer are often cited for the proposition that when an administrative agency promulgates a regulation and the regulation is ambiguous, a reviewing court must give “controlling weight” to the agency’s interpretation of the regulation unless the interpretation is plainly erroneous or is inconsistent with the regulation. A number of the Court’s members had cast doubt on the soundness of the Seminole Rock/Auer deference doctrine in recent years, and many observers have predicted that the doctrine’s days are numbered.
Karen Harned and Stephen Vaden will join us today to discuss that morning’s highly-fractured decision in Kisor and its potential implications -- including for the Chevron deference doctrine that applies to agency interpretations of statutory provisions (set forth in Chevron, U.S.A., Inc. v. Natural Res. Def. Council, Inc., 467 U.S. 837 (1984)).
Featuring:
Karen Harned, Executive Director, NFIB Small Business Legal Center
Stephen Vaden, General Counsel, United States Department of Agriculture

Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up on our website. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.
Jul 03 2019 · 57mins

Most Popular

Elon Musk

Barack Obama

Bill Gates

LeBron James

Mark Cuban

Michelle Obama

Melinda Gates

Arnold Schwarzenegger

Kevin Hart

Terry Crews

Mike Tyson

Episode artwork

OA293: My Deference & Auer Deference (Kisor v. Wilkie)

Play
Read more

Today's episode revisits a narrow area of administrative law we last discussed in Episode 266, namely, Auer deference. Andrew made a bold prediction in that episode, and find out where he was wrong -- and where he was right now that the Supreme Court has ruled in Kisor v. Wilkie. We also discuss the recent unsealing of court records thanks to a CNN reporter and we witness the return of listener favorite segment "Are You A Cop?" with a fabulous question about drinking and driving. Buckle up!

We begin, however, with a look at a recent request made by CNN's Katelyn Polantz regarding certain court proceedings and records relating to the Mueller Investigation. Does this mean that "BILL BARR KILLED 7 OPEN INVESTIGATIONS?" (No.) But it is significant, and you won't want to miss why.

Then, it's time for a deep-dive explainer that starts with a reminder on the principles of agency deference. Don't remember the exact difference between Chevron deference and Auer deference? We've got you covered -- including, in particular, how the latter came under attack in Kisor v. Wilkie, a case involving a retired servicemember challenging the internal agency regulations governing disability pay. Should the courts defer to an agency's interpretation of its own rules, or should it be wildly activist and defer to Neil Gorsuch's interpretation of those rules? Kisor gives us a slightly different answer than you might expect, all while angling us towards the day soon to come in which the Supreme Court greatly expands the power of the judicial branch.

After that, it's time for Are You A Cop? featuring some truly terrible advice for how to beat a DUI arrest. (Please do not do this.) We talk about standards of evidence while debunking the notion that you should... drink more when you're pulled over? (It's a weird question.)

As if that wasn't enough, we end with the answer to Thomas Takes The Bar Exam #132 about an escaped, de-fanged, venomous snake. Who's responsible? Listen and find out!

Appearances

Andrew will be a guest at the Mueller She Wrote live show in Philadelphia, PA on July 17, 2019; click that link to buy tickets, and come up and say hi! And remember: if you’d like to have either of us as a guest on your show (or at your live show!), drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. This is the Raw Story article we criticize during the "A" segment, and to verify what we've said is correct, you can read (a) Polantz's request; (b) the Court's order; (c) Exhibit A (Search Warrants); (d) Exhibit B (Wiretapping); and (e) Exhibit C (Pen Register/Trap & Trace). Phew!
  2. We previewed Kisor v. Wilkie (read decision) in Episode 266. And, in breaking down Justice Roberts's holding in Kisor, we also expose shoddy journalism like this Daily Beast article.

-Support us on Patreon at: patreon.com/law

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community!

-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

-And finally, remember that you can email us at openarguments@gmail.com!

Jul 02 2019 · 1hr 7mins
Episode artwork

Kisor v. Wilkie: A Case to Watch

Play
Read more

How did a Vietnam War veteran’s request for disability benefits turn into one of the key Supreme Court cases of this term, one with major implications for the future of the administrative state? In this episode, administrative law experts Jonathan Adler of Case Western Law School and Ron Levin of Washington University in St. Louis School of Law explain the issues in this case, Kisor v. Wilkie. They join host Jeffrey Rosen to unpack Kisor and the administrative law deference doctrine, known as “Auer deference,” at the center of the dispute. They also break down other administrative law doctrines like “Chevron” and “Skidmore” deference and the non-delegation doctrine, explaining why they’re so important and at times, controversial.

For more information and resources, visit constitutioncenter.org/podcasts

Questions or comments about the podcast? Email us at podcast@constitutioncenter.org.

Apr 11 2019 · 56mins
Episode artwork

Deep Dive 40 – Kisor v. Wilkie

Play
Read more
On Wednesday, March 27th, the Supreme Court heard oral argument in Kisor v. Wilkie. The Supreme Court granted certiorari in Kisor to decide whether to overrule Bowles v. Seminole Rock & Sand Co., 325 U.S. 410 (1945), and Auer v. Robbins, 519 U.S. 452 (1997). Seminole Rock and Auer are often cited for the proposition that when an administrative agency promulgates a regulation and the regulation is ambiguous, a reviewing court must give “controlling weight” to the agency’s interpretation of the regulation unless the interpretation is plainly erroneous or is inconsistent with the regulation. A number of the Court’s members have cast doubt on the soundness of the Seminole Rock/Auer deference doctrine in recent years. Many observers believe that the doctrine’s days are numbered.

Featuring:
- Karen Harned, Executive Director, NFIB Small Business Legal Center
- Andrew Varcoe, Partner, Boyden Gray & Associates
- [Moderator] Stephen Vaden, General Counsel, United States Department of Agriculture

Visit our website – RegProject.org – to learn more, view all of our content, and connect with us on social media.
Apr 01 2019 · 53mins
Episode artwork

SCOTUS Kisor v. Wilkie, Case No. 18-15

Play
Read more
Administrative Law: Should the Court overturn Auer deference, under which courts defer to an agency's interpretation of its own ambiguous regulations? - Argued: Wed, 27 Mar 2019 16:52:30 EDT
Mar 30 2019 ·
Episode artwork

Courthouse Steps Oral Argument: Kisor v. Wilkie

Play
Read more
On the morning of March 27, the Supreme Court will hear oral argument in Kisor v. Wilkie. The Supreme Court granted certiorari in Kisor to decide whether to overrule Bowles v. Seminole Rock & Sand Co., 325 U.S. 410 (1945), and Auer v. Robbins, 519 U.S. 452 (1997). Seminole Rock and Auer are often cited for the proposition that when an administrative agency promulgates a regulation and the regulation is ambiguous, a reviewing court must give “controlling weight” to the agency’s interpretation of the regulation unless the interpretation is plainly erroneous or is inconsistent with the regulation. A number of the Court’s members have cast doubt on the soundness of the Seminole Rock/Auer deference doctrine in recent years. Many observers believe that the doctrine’s days are numbered.
Importantly, the United States filed a merits brief in Kisor that forcefully criticized Auer/Seminole Rock deference, yet argued that the Court should not overrule Auer and Seminole Rock “in their entirety.” The brief foreshadows what will likely be a memorable oral argument, featuring Paul Hughes of Mayer Brown LLP and Solicitor General Noel Francisco. Hughes represents James Kisor, the Vietnam War veteran who is the petitioner in the case. Kisor is challenging a decision of the Department of Veterans Affairs (VA) that denied Kisor’s request for retroactive disability benefits connected to his wartime service. Francisco will be defending the VA’s decision.
Karen Harned, Andrew Varcoe, and moderator Stephen Vaden will join us on the afternoon of March 27 to discuss that morning’s oral argument in Kisor and its potential implications -- including the implications, if any, for the Chevron deference doctrine that applies to agency interpretations of statutory provisions (set forth in Chevron, U.S.A., Inc. v. Natural Res. Def. Council, Inc., 467 U.S. 837 (1984)). Harned and Varcoe will have attended the oral argument that morning and will be sharing their observations about it.
Featuring:
Karen Harned, Executive Director, NFIB Small Business Legal Center
Andrew Varcoe, Partner, Boyden Gray & Associates
Moderator: Stephen Vaden, General Counsel, United States Department of Agriculture

Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up on our website. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.
Mar 28 2019 · 51mins