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No. 17-225October Term 2017Decided Mar 19, 2018

Docket 17-225October Term 2017 (2017–2018)

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
Case Accepted
Arguments
Decision ReleasedMar 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

Decision record

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

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
Primary materials5
Context reporting2