Agency deference questio1

Content type

User Generated

Uploaded By

xvra

Pages

Rating

Surname 1

Student’s Name

Professor’s Name

Subject

DD MM YYYY

Agency Deference Question

Article one

After many years, the Supreme Court in the United States has decided to reconsider the

agency deference question by focusing on whether the current ambiguity in the agency

interpretation warrants the judicial deference under the past cases. The judicial difference mainly

comprises critical interpretation aid made by the judges, which is essential where the court

requires settling on whether the agency declaration and deeds are within the boundaries of the

enabling statutes. In the article, “Justices to tackle important agency-deference question,” by

Email Amy, Kisor brings attention to the Auer deference by developing sharp arguments against

and for agency deference. The Marine employed Kisor, served as a U.S Marine Corp between

1962 and 1966. He suffered PTSD, and his claim for benefits arising from his trauma could not

be processed by the U.S Department of Veteran Affairs (VA). Despite being denied these

benefits, Kisor qualified for them when he had new evidence from PTSD diagnosis in 2006. The

VA refused to make his benefits retroactive according to the interpretation of the ‘relevant’

records by 1982. Surprisingly, the Federal Circuit also took sides with VA. Despite the court

feeling that Kisor and VA both qualified for the reasonable treatment in respect to the word

‘relevant’ the Auer bound the court in deferring to the VA’s. Kisor argues that Auer deference

leads to serious constitutional issues. By deferring to the agency interpretation of its regulation, it

Surname 2

amounts to infringement of the due process, since it denies the people affected a notice of what

they are allowed to do or not.

Under the normal litigation process, the deference level that the court shows to the

agency while arguing the actions committed by the federal agency is essential in predicting the

outcome. This is more common when the case disputes how the agency interprets its own

regulations. In law, it becomes hard to make the judges understand that they must reject the way

an agency interprets its regulations. Thus, the court, through listening to Kisor v. Wilkie oral case

deals with a situation where it needs to determine if it should override the already available

precedent and consequently create new deference standards, which could practically allow

private entities to dispute how an agency interprets its regulation.

The case brought forth by Kisor involves how an agency, VA, interprets its regulations

that guide the process of remitting the disability benefits. Usually, the court tends to emphasize

on the interpretation of the agency regulations unless there are plain errors or inconsistencies in

how an agency interprets its laws. This is oppressing standards for a private litigant who in most

cases, lacks the advance notice of how an agency would interpret its regulations. Despite the U.S

recognizing that it needs to rethink the Auer deference, it had a general feeling that Kisor’s case

was not enough to move this option since the VA would still have emerged dominant.

Article two

The immigration issue has been a hot debate in the U.S mainly because it has sparked

grievous abuse of power in the U.S history. A few people are in doubt on the power of Congress

over immigration. However, today, the belief that Congress has plenary influence over

End of Preview - Want to read all 5 pages?

Access Now

Unformatted Attachment Preview

Surname 1 Student’s Name Professor’s Name Subject DD MM YYYY Agency Deference Question Article one After many years, the Supreme Court in the United States has decided to reconsider the agency deference question by focusing on whether the current ambiguity in the agency interpretation warrants the judicial deference under the past cases. The judicial difference mainly comprises critical interpretation aid made by the judges, which is essential where the court requires settling on whether the agency declaration and deeds are within the boundaries of the enabling statutes. In the article, “Justices to tackle important agency-deference question,” by Email Amy, Kisor brings attention to the Auer deference by developing sharp arguments against and for agency deference. The Marine employed Kisor, served as a U.S Marine Corp between 1962 and 1966. He suffered PTSD, and his claim for benefits arising from his trauma could not be processed by the U.S Department of Veteran Affairs (VA). Despite being denied these benefits, Kisor qualified for them when he had new evidence from PTSD diagnosis in 2006. The VA refused to make his benefits retroactive according to the interpretation of the ‘relevant’ records by 1982. Surprisingly, the Federal Circuit also took sides with VA. Despite the court feeling that Kisor and VA both qualified for the reasonable treatment in respect to the word ‘relevant’ the Auer bound the court in deferring to the VA’s. Kisor argues that Auer def ...
Purchase document to see full attachment