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Expert Analysis

Kisor May Be A New Dawn For Challenges To FDA Actions

By Beth Weinman, Douglas Hallward-Driemeier, Greg Levine, Emerson Siegle and Rebecca Williams ( December 2, 2019, 2:38 PM EST) -- In Kisor v. Wilkie[1] — a closely watched case decided in a closely divided opinion toward the end of the U.S. Supreme Court's last term — the court upheld the doctrine of Auer deference, much to the surprise of many given the court's new conservative majority. Although technically a win for the government, the decision recast Auer deference in a manner likely to have the practical effect of eroding the ability of administrative agencies to rely upon the doctrine as a complete defense to legal challenges....

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