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No. 18-15October Term 2018Decided Jun 26, 2019

Docket 18-15October Term 2018 (2018–2019)

Kisor v. Wilkie

This case arose after Vietnam veteran James Kisor sought earlier effective-date disability benefits from the Department of Veterans Affairs and the lower courts deferred to the VA’s reading of its own regulation.

Case status

Current stage
Decided
Latest event
Decision released Jun 26, 2019
Case Accepted
Arguments
Decision ReleasedJun 26, 2019
What it's about

This case arose after Vietnam veteran James Kisor sought earlier effective-date disability benefits from the Department of Veterans Affairs and the lower courts deferred to the VA’s reading of its own regulation. The Supreme Court took the case to decide whether courts should keep following the Auer/Seminole Rock rule that gives agencies deference when interpreting genuinely ambiguous regulations.

Question presented

1. Whether the Court should overrule Auer and Seminole Rock. 2. Alternatively, whether Auer deference should yield to a substantive canon of construction.

Case path

United States Court of Appeals for the Federal Circuit / Decision released Jun 26, 2019

Area

Decided Supreme Court case

Timing

Decided June 26, 2019

The Court released its decision on June 26, 2019 without hearing oral argument.