Skip to main content

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

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

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
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

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

Decision record

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