Kisor v. Wilkie

Docket No.	Argument	Opinion	Vote	Author	Term
18-15	Mar 27, 2019	Jun 26, 2019	5-4	Kagan	OT 2018

Holding: Auer v. Robbins and Bowles v. Seminole Rock & Sand Co " under which deference is given to an agency"s reasonable reading of its own genuinely ambiguous regulations " are not overruled.

Judgment: Vacated and remanded, 5-4, in an opinion by Justice Kagan on June 26, 2019. Justice Kagan announced the judgment of the Supreme Court and delivered the opinion of the court with respect to Parts I, II"B, III"B, and IV, in which Chief Justice Roberts and Justices Ginsburg, Breyer, and Sotomayor joined, and an opinion with respect to Parts II"A and III"A, in which Justices Ginsburg, Breyer, and Sotomayor joined. Chief Justice Roberts filed an opinion concurring in part. Justice Gorsuch filed an opinion concurring in the judgment, in which Justice Thomas joined, in which Justice Kavanaugh joined as to Parts I, II, III, IV, and V, and in which Justice Alito joined as to Parts I, II, and III. Justice Kavanaugh filed an opinion concurring in the judgment, in which Justice Alito joined.

SCOTUSblog Coverage

Symposium: A small win for James Kisor; a big loss for the Constitution (Corbin K. Barthold and Cory L. Andrews, June 27, 2019)
Symposium: In Gundy II, Auer survives by a vote of 4.6 to 4.4 (Michael Herz, June 27, 2019)
Symposium: Auer deference -- Supreme Court chooses evolution, not revolution (Ronald Levin, June 27, 2019)
Symposium: Laying bare the realpolitik of administrative deconstruction (Daniel Walters, June 27, 2019)
Symposium: Shadow boxing with the administrative state (Thomas Merrill, June 27, 2019)
Symposium: Kisor v. Wilkie A swing and a miss (Eric S. Schmitt, June 27, 2019)
A "view" from the courtroom: What the Constitution means to me (Mark Walsh, June 26, 2019)
Opinion analysis: Justices leave agency deference doctrine in place with limits (Updated) (Amy Howe, June 26, 2019)
Argument analysis: Justices divided on agency deference doctrine (Amy Howe, March 27, 2019)
Argument preview: Justices to tackle important agency-deference question (Amy Howe, March 20, 2019)
Symposium: Government agencies shouldnt get to put a thumb on the scales (Jonathan Adler, January 31, 2019)
Symposium: Why Kisor is a case to watch (Brianne Gorod, January 31, 2019)
Symposium: Reverse Seminole Rock and Auer (Elizabeth Murrill, January 30, 2019)
Symposium: The puzzling and troubling grant in Kisor (Gillian Metzger, January 30, 2019)
Symposium: The Supreme Court and the forgotten Three Ring Government (Kimberly Hermann, January 29, 2019)
Symposium: Tampering with the structure of administrative law (Adrian Vermeule, January 29, 2019)
Justices to tackle important agency-deference question: In Plain English (Amy Howe, January 28, 2019)
One new grant, one dissent from the denial of review (Amy Howe, December 10, 2018)

Date	Proceedings and Orders (key to color coding)
04/19/2018	Application (17A1154) to extend the time to file a petition for a writ of certiorari from May 1, 2018 to June 29, 2018, submitted to The Chief Justice.
04/24/2018	Application (17A1154) granted by The Chief Justice extending the time to file until June 29, 2018.
06/29/2018	Petition for a writ of certiorari filed. (Response due August 1, 2018)
07/25/2018	Motion to extend the time to file a response from August 1, 2018 to August 31, 2018, submitted to The Clerk.
07/26/2018	Motion to extend the time to file a response is granted and the time is extended to and including August 31, 2018.
07/27/2018	Brief amici curiae of Southeastern Legal Foundation and The Beacon Center of Tennessee filed.
07/27/2018	Brief amicus curiae of Center for Constitutional Jurisprudence filed.
08/01/2018	Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
08/01/2018	Brief amici curiae of National Association of Home Builders, et al. filed.
08/01/2018	Brief amici curiae of The State's of Utah, et al. filed.
08/17/2018	Motion to extend the time to file a response from August 31, 2018 to October 1, 2018, submitted to The Clerk.
08/20/2018	Motion to extend the time to file a response is granted and the time is further extended to and including October 1, 2018.
09/26/2018	Motion to extend the time to file a response from October 1, 2018 to October 31, 2018, submitted to The Clerk.
09/27/2018	Motion to extend the time to file a response is granted and the time is further extended to and including October 31, 2018.
10/31/2018	Brief of respondent Robert Wilkie, Secretary of Veterans Affairs in opposition filed.
11/19/2018	Reply of petitioner James L. Kisor filed.
11/20/2018	DISTRIBUTED for Conference of 12/7/2018.
12/10/2018	Petition GRANTED limited to Question 1 presented by the petition.
01/16/2019	Blanket Consent filed by Respondent, Robert Wilkie, Secretary of Veterans Affairs
01/24/2019	Joint appendix filed. (Statement of costs filed)
01/24/2019	Brief of petitioner James L. Kisor filed.
01/25/2019	SET FOR ARGUMENT on Wednesday, March 27, 2019
01/30/2019	Brief amici curiae of Pacific Legal Foundation, et al. filed.
01/31/2019	Brief amici curiae of State and Local Government Associations filed.
01/31/2019	Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations in support of neither party filed.
01/31/2019	Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
01/31/2019	Brief amici curiae of National Veterans Legal Services Program, et al. filed.
01/31/2019	Brief amicus curiae of Utility Air Regulatory Group filed.
01/31/2019	Brief amicus curiae of Professor Thomas Merrill filed.
01/31/2019	Brief amici curiae of Professors - Dean Ronald A. Cass, Christopher DeMuth, Sr., and James L. Huffman filed.
01/31/2019	Brief amicus curiae of Washington Legal Foundation filed.
01/31/2019	Brief amicus curiae of Center for Workplace Compliance filed.
01/31/2019	Brief amici curiae of National Immigrant Justice Center and American Immigration Lawyers Association filed.
01/31/2019	Brief amici curiae of National Organization of Veterans’ Advocates, Inc., et al. filed.
01/31/2019	Brief amici curiae of National Association of Home Builders, et al. filed.
01/31/2019	Brief amici curiae of Stephen C. Connaker and the Military and Veterans' Law Institute filed.
01/31/2019	Brief amici curiae of States of Utah, et al. filed.
01/31/2019	Brief amicus curiae of Public Citizen, Inc. in support of neither party filed.
01/31/2019	Brief amicus curiae of Center for Constitutional Jurisprudence filed.
01/31/2019	Brief amici curiae of Professors of Administrative Law and Federal Regulation in support of neither party filed. (Corrected version submitted)
01/31/2019	Brief amici curiae of Professors of Administrative Law and Federal Regulation in support of neither party filed (2/14/19). (Distributed)
01/31/2019	Brief amicus curiae of Sergeant Major Jeff S. Howard (Retired) filed.
01/31/2019	Brief amici curiae of The Cato Institute, et al. filed.
01/31/2019	Brief amici curiae of Southeastern Legal Foundation, et al. filed.
01/31/2019	Brief amicus curiae of National Right to Work Legal Defense Foundation, Inc. filed.
01/31/2019	Brief amicus curiae of New Civil Liberties Alliance filed.
01/31/2019	Brief amicus curiae of Jeremy C. Doerre filed.
01/31/2019	Brief amicus curiae of Atlantic Legal Foundation filed.
02/14/2019	CIRCULATED
02/21/2019	Record requested from the U.S.C.A. Federal Circuit.
02/25/2019	Brief of respondent Robert Wilkie, Secretary of Veterans Affairs filed. (Distributed)
02/28/2019	The record received from the U.S.C.A. Federal Circuit is electronic and located on PACER. The record is complete.
02/28/2019	The record received from U.S. Court of Appeals for Veterans Claims are electronic and located on USCAVC web site. Also received are the pleadings from USCAVC which is confidential, (1 Envelope).
03/04/2019	Brief amici curiae of Administrative Law Scholars filed. (Distributed)
03/04/2019	Brief amicus curiae of Senator Sheldon Whitehouse filed. ((Distributed).
03/14/2019	Reply of petitioner James L. Kisor filed. (Distributed)
03/27/2019	Argued. For petitioner: Paul W. Hughes, Washington, D. C. For respondent: Noel G. Francisco, Solicitor General, Department of Justice, Washington, D. C.
06/26/2019	Judgment VACATED and case REMANDED. Kagan, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II–B, III–B, and IV, in which Roberts, C. J., and Ginsburg, Breyer, and Sotomayor, JJ., joined, and an opinion with respect to Parts II–A and III–A, in which Ginsburg, Breyer, and Sotomayor, JJ., joined. Roberts, C. J., filed an opinion concurring in part. Gorsuch, J., filed an opinion concurring in the judgment, in which Thomas, J., joined, in which Kavanaugh, J., joined as to Parts I, II, III, IV, and V, and in which Alito, J., joined as to Parts I, II, and III. Kavanaugh, J., filed an opinion concurring in the judgment, in which Alito, J., joined.
07/29/2019	JUGMENT ISSUED.