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Kisor v. Wilkie

United States Supreme Court

139 S.Ct. 2400, 204 L.Ed.2d 841 (2019)

Facts

The Department of Veteran Affairs (VA) (defendant) denied former marine James Kisor (plaintiff) benefits for post-traumatic stress disorder based on its interpretation of its own regulations. The trial court deferred to the VA decision, reasoning that the ruling in Auer v. Robbins, 519 U.S. 452 (1997), requires deference to an agency’s interpretation of its own regulations. The United States Supreme Court granted review to decide whether courts should continue to afford that deference.

Rule of Law

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Issue

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Holding and Reasoning (Kagan, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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Dissent (Gorsuch, J.)

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