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Agency-Deference Question Draft

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,” Kisor brings attention to

the Auer deference by developing sharp arguments against and for agency deference. The Marine

employed Kisor, who 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 argued that Auer deference leads to serious constitutional issues.

By deferring to the agency interpretation of its regulation, it 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 challenges 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 give private entities an

opportunity to challenge how an agency interprets its regulation.

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 immigration

has been established and is rarely questioned. In the article, “The Source and Scope of the

Federal Power to Regulate Immigration and Naturalization” the broader power of the federal

government to control, remove and naturalize immigrants is refocused, to explain the source of

power over immigration. The congress is mandated to declare war and provide a defense to the

people, which in essence prevents the movement of terrorist and enemies. Today, the federal

government indeed controls the international affair and immigration issues, which is never

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Agency-Deference Question Draft 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,” ...
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