Center for Constitutional Jurisprudence

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12/10/2018 Supreme Court to Rule on Administrative “Deference”

Claremont, CA—The Supreme Court today granted review in a significant case concerning Separation of Powers under the Constitution. Claremont Institute's Center for Constitutional Jurisprudence filed an amicus brief in Kisor v. Wilke urging the Court to overturn prior decisions that required courts to defer to administrative agencies on the interpretation of administrative regulations. Today the Court decided to accept the case and limited the questions for review to whether it should overrule the past cases upholding deference to administrative agencies.
“This is a critically important case for reining in the administrative state,” noted Dr. John Eastman, director of the Center of Constitutional Jurisprudence. “That is why our Center, bolstered by the expertise of our administrative law specialist, Tom Caso, has been at the forefront of efforts urging the Court to revisit the so-called Auer deference doctrine for nearly a decade. The doctrine of Separation of Powers embedded in our Constitution is a structural protection of liberty. That doctrine is violated when an administrative agency has authority to enact a regulation, decide what the regulation means in a particular case, and prosecute individuals for violation of the regulation.” 

The Supreme Court is expected to decide the case before the end of June.

With its mission to “restore the principles of the American Founding to their rightful, preeminent authority in our national life,” the Claremont Institute has for nearly 40 years been a strong and effective leader in the fight for limited government, free markets, and a strong and distinctively American foreign policy. Founded in 1979, the Claremont Institute publishes the Claremont Review of Books, sponsors the Publius, Lincoln, John Marshall, and Speechwriters Fellowships for rising conservative leaders, and administers a variety of programs and publications on politics and constitutionalism. Its Center for Constitutional Jurisprudence advances the Institute’s mission through strategic litigation.