Supreme Court Grants Cert in Case That Could End Deference to Regulatory Agencies, Challenge ATF Regulatory Power
the Supreme Court granted cert in a case, Kisor v. Wilkie, that specifically challenges whether Auer deference is constitutional. With the addition of Justices Gorsuch and Kavanaugh — both of whom have expressed reservations about the current state of administrative law — there may now indeed be the five votes need to begin to undo the decades-long abdication of power to the vast federal bureaucracy, including BATFE.