Court Deference to Agencies [No. 86]

Courts often defer to agency decisions about how the agency applies a statute. Is deference necessary in some cases? Is it always applied for the same reason? Professor Gary Lawson explains that there are several reasons that a court might defer to agencies. It can be complicated to determine whether such deference is warranted, but not all reasons for deference can be easily dismissed as illegitimate.

This video was filmed before the Kisor v. Wilkie decision was handed down, which pertains to the doctrine of Auer deference.

Professor Gary Lawson is the Philip S. Beck Professor at Boston University School of Law.

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

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