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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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Very useful material for studying!

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