No. 18-15October Term 2018Decided Jun 26, 2019
Kisor v. Wilkie
Kisor v. Wilkie was a major test of whether the Supreme Court would keep, limit, or reject court deference to agencies' readings of their own regulations.
Case status
- Current stage
- Decided
- Latest event
- Decision released Jun 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
Briefing
What it's about
This case asked whether courts should keep following the Auer/Seminole Rock rule, which tells judges to defer to an agency's reading of its own unclear regulation. It arose after James Kisor, a Vietnam veteran, sought earlier disability benefits and the lower courts deferred to the Department of Veterans Affairs' interpretation of its regulation.
Vote
The case was argued on March 27, 2019, and decided on June 26, 2019, but the prompt does not provide the vote or opinion lineup.
Impact
The case matters because it concerns how much power agencies have when their own rules are unclear. That can affect veterans seeking benefits, businesses challenging regulations, and anyone dealing with federal agencies.
What's next
The Supreme Court has finished this case. For the practical rule going forward, lawyers, agencies, and lower courts would look to the Court's June 26, 2019 opinion.
What was the core dispute in Kisor v. Wilkie?
The dispute was over whether courts should defer to an agency's reading of its own unclear regulation. Kisor challenged that approach in his veterans benefits case.
Why could this case affect people beyond one veteran's benefits claim?
It could shape how much weight agencies get when their regulations are unclear. That can influence benefits cases, regulatory disputes, and court challenges nationwide.
What was the next procedural step after the Supreme Court acted in this case?
There was no further Supreme Court step in this docket action. The Court decided the case on June 26, 2019, and the opinion became the guide for future cases.
Decision
What the Court decided
Kisor v. Wilkie was a major test of whether the Supreme Court would keep, limit, or reject court deference to agencies' readings of their own regulations.
Impact
The case matters because it concerns how much power agencies have when their own rules are unclear. That can affect veterans seeking benefits, businesses challenging regulations, and anyone dealing with federal agencies.
Not official Court text.
Opinion 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
- Jul 2, 2026
- Method
- Methodology
Primary materials11
Supreme Court docket 18-15
docket | Jul 3, 2026
Primary case document
Supreme Court document | Jul 3, 2026
CourtListener docket record
docket | Jul 3, 2026
Questions Presented
brief | May 2, 2026
opinion
opinion | Jun 26, 2019
Petition
brief | Jun 29, 2018
Lower Court Orders/Opinions
order | Apr 19, 2018
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026