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Tag: Auer Deference

February 01, 2019

Judges should not let bureaucrats dictate the meaning of the law

This week we filed this amicus brief on behalf of our Clean Water Act clients, the Sacketts and Duarte Nursery, in the Supreme Court of the United States in the case of Kisor v. Wilkie. In this case, the Supreme Court is considering whether to end the decades long practice of federal judges allowing executive ...

March 06, 2017

Supreme Court remands North Carolina bathroom case to Fourth Circuit

Several weeks ago we blogged about our amicus brief to the Supreme Court in the widely followed North Carolina bathroom case, about whether federal law determines which bathrooms transgender students may use. The Fourth Circuit Court of Appeals had ruled that instead of determining whether the applicable statute and regulations had the asserted ef ...

January 18, 2017

Do minor bureaucrats tell federal judges what to think?

Last week PLF filed this amicus brief in the Supreme Court of the United States in Gloucester County School Board v. G.G. The question in this case is whether federal judges interpret federal law, or whether low level agency bureaucrats do. PLF takes the position that judges have the Constitutional responsibility to independently read and interpre ...

December 21, 2016

Supreme court to consider Foster v. Vilsack in first conference of new year

Yesterday we filed our reply in Foster v. Vilsack in the Supreme Court of the United States. The petition in this case asks the Supreme Court to decide whether low level federal bureaucrats can force the federal courts to accept their interpretation of federal law, merely by testifying to their opinion in an administrative hearing. ...