[20190703]LSB10322_基索诉威尔基：最高法院支持奥尔主义但澄清了其局限性.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Kisor v. Wilkie: Supreme Court Upholds the Auer Doctrine but Clarifies Its Limitations July 3, 2019 On June 26, 2019, the Supreme Court decided Kisor v. Wilkie, declining the petitioners request to overturn one of the most significant and contentious doctrines in administrative law. That doctrine, commonly called the Auer or Seminole Rock doctrine, generally instructs courts to defer to agencies reasonable construction of ambiguous regulatory language. While the Court in Kisor declined to dispatch this deferential rule, it emphasized limitations to the doctrines scope and application that may bear consequences for future courts review of agency action and, perhaps, the manner in which agencies go about the decision-making process. This Sidebar provides an overview of the Kisor decision. The Supreme Court has established several doctrines to guide judicial review of agency action. Perhaps the most well known is the Chevron doctrine, which generally instructs courts to defer to an agencys reasonable interpretation of an ambiguous statute it administers. Auer deference takes its name from t