Kisor v. Wilkie

Decision Date10 December 2018
Docket NumberNo. 18–15.,18–15.
Parties James L. KISOR, petitioner, v. Robert WILKIE, Secretary of Veterans Affairs.
CourtU.S. Supreme Court

139 S.Ct. 657 (Mem)
202 L.Ed.2d 491

James L. KISOR, petitioner,
v.
Robert WILKIE, Secretary of Veterans Affairs.

No. 18–15.

Supreme Court of the United States

Dec. 10, 2018.


Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit granted limited to Question 1 presented by the petition.

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16 cases
  • United States v. U.S. Stem Cell Clinic, LLC
    • United States
    • U.S. District Court — Southern District of Florida
    • June 3, 2019
    ...The Court is aware that Auer has faced skepticism and that the Supreme Court recently heard oral argument in Kisor v. Wilkie , ––– U.S. ––––, 139 S. Ct. 657, 202 L.Ed.2d 491 (2018), which may eviscerate the doctrine. However, until the Supreme Court overturns Auer , it remains binding prece......
  • Procopio v. Wilkie
    • United States
    • U.S. Court of Appeals — Federal Circuit
    • January 29, 2019
    ...should overrule Auer entirely. Kisor v. Shulkin , 880 F.3d 1378 (Fed. Cir. 2018), cert. granted , Kisor v. Wilkie , ––– U.S. ––––, 139 S.Ct. 657, ––– L.Ed.2d ––––, 2018 WL 6439837 (2018) (granting certiorari on question of "[w]hether the Court should overrule Auer and [Bowles v.] Seminole R......
  • Kisor v. Wilkie
    • United States
    • U.S. Supreme Court
    • June 26, 2019
  • Kisor v. McDonough
    • United States
    • U.S. Court of Appeals — Federal Circuit
    • April 30, 2021
    ...could resolve the ambiguity in the veteran's favor.The Supreme Court granted cert on the first question. See Kisor v. Wilkie , ––– U.S. ––––, 139 S. Ct. 657, 202 L.Ed.2d 491 (2018) (mem.). While the Supreme Court refused to do away with Auer , it dramatically circumscribed the circumstances......
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2 books & journal articles
  • Agency Deference After Kisor v. Wilkie
    • United States
    • The Georgetown Journal of Law & Public Policy No. 18-1, January 2020
    • January 1, 2020
    ...18-15), 2018 WL 3239696 (“The questions presented are: 1. Whether the Court should overrule Auer and Seminole Rock.”); Kisor v. Wilkie, 139 S. Ct. 657, 657 (2018) (“Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit granted limited to Question 1 pr......
  • Uncommon Allies: Bridging the Gap Between Auer Deference and the Rule of Lenity in Criminal Cases.
    • United States
    • Suffolk University Law Review Vol. 54 No. 2, March 2021
    • March 22, 2021
    ...Certiorari at i, Kisor v. Wilkie, 139 S. Ct. 2400 (2019) (No. 18-15). (204.) See id. (setting forth issues presented); Kisor v. Wilkie, 139 S. Ct. 657 (2018) (mem.) (granting certiorari on only one (205.) See Kavanaugh, supra note 79, at 2121 (arguing settling "interpretive rules of the roa......

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