No. 17-225October Term 2017Decided Mar 19, 2018
Garco Construction, Inc., Petitioner v. Robert M. Speer, Acting Secretary of the Army
The Supreme Court did not take this case, so it did not answer whether Auer and Seminole Rock should be overruled.
Case status
- Current stage
- Decided
- Latest event
- Decision released Mar 19, 2018
- What it's about
from the United States Court of Appeals for the Federal Circuit.
Question presented
Whether Auer v. Robbins, 519 U.S. 452 (1997), and Bowles v. Seminole Rock & Sand Co., 325 U.S. 410 (1945), should be overruled.
- Case path
United States Court of Appeals for the Federal Circuit / Decision released Mar 19, 2018
- Area
Decided Supreme Court case
Briefing
What it's about
Garco Construction asked the Supreme Court to review whether earlier cases telling courts to defer to agencies' interpretations of their own rules should be overruled. On March 19, 2018, the Court declined review, leaving the Federal Circuit's result in place without deciding that broader question.
Impact
The question matters to businesses, workers, and regulated groups when agencies explain unclear rules. For example, a contractor dealing with federal rules may face a harder or easier path in court depending on how much deference judges give an agency.
What's next
There is no further Supreme Court action on this docket. The lower-court judgment remains in effect, and the broader deference question had to wait for another case.
What was Garco Construction asking the Supreme Court to do in this case?
Garco asked the Court to hear its appeal and reconsider Auer and Seminole Rock. Those cases tell courts to often defer to agencies interpreting their own regulations.
Who could feel the effects of the Court's choice not to hear this case?
Federal contractors and other regulated parties may still face the same lower-court framework in similar disputes. Agencies also keep the benefit of that framework unless the Court changes it later.
What was the next procedural step after the Court acted on March 19, 2018?
There was no further step at the Supreme Court in this docket. The case ended there, with the Federal Circuit result left in place.
Decision
What the Court decided
The Supreme Court did not take this case, so it did not answer whether Auer and Seminole Rock should be overruled.
Impact
The question matters to businesses, workers, and regulated groups when agencies explain unclear rules. For example, a contractor dealing with federal rules may face a harder or easier path in court depending on how much deference judges give an agency.
Not official Court text.
Opinion documents
Documents
Related cases




Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jun 1, 2026
- Method
- Methodology