Garco Construction v. Robert M. Speer, Acting Secretary of the Army
In brief
The Supreme Court refused to hear Garco Construction's challenge and did not decide whether to change the Auer and Seminole Rock rules.
- Where it stands
- Decided
Decided · March 19, 2018
- What it’s about
- Garco Construction asked the Supreme Court to reconsider the rule that courts generally defer to an agency’s reasonable interpretation of its own ambiguous regulations.
- Who it affects
- The Federal Circuit's decision remained in place because the Supreme Court declined review. But this case did not settle whether those rules should remain, change, or be discarded.
Summary: written with AI from the case record.

What it's about
On March 19, 2018, the Court denied review, leaving the Federal Circuit’s decision in place and declining to revisit Auer and Seminole Rock deference.
The case sits within a larger debate over how much weight courts should give agencies when agencies interpret their own regulations.
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.
What the Court decided
Holding
Petition DENIED Justice Thomas, with whom Justice Gorsuch joins, dissenting from the denial of certiorari. (Detached Opinion )
What's next
The Court's action is finished, and the Federal Circuit's decision remains in place. This docket shows no ruling on the main legal question or further Supreme Court step.
Docket activity
New analysis added
AI analysis generated: Case Briefing
AI analysis generated: Decision Record
New analysis added
Case data updated: summary, question_presented, generation_metadata
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Opinion added: Opinion
More questions
- What did Garco Construction ask the Supreme Court to decide?
- It asked the Court to discard Auer and Seminole Rock, rules telling courts to give weight to reasonable agency readings of unclear regulations.
- Did the Supreme Court decide whether Auer and Seminole Rock should be discarded?
- No. It declined review and did not decide whether to discard those rules.
- Who disagreed with declining review in Garco Construction?
- Justice Thomas disagreed with declining review, and Justice Gorsuch joined him. The record gives no vote count.
- What happened to the Federal Circuit's decision?
- It remained in place because the Supreme Court did not take the case. That action did not endorse the Federal Circuit's reasoning.
- What happens next in Garco Construction?
- The Supreme Court's docket action is finished. No further step or ruling on the main legal question is shown in this record.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.