SCOTUS could restrain judicial deference to federal agencies

[longknife]

Takes a minute to figure out what this means so I’ll put it in my own words.


Let’s say someone is unhappy with a government rule and takes it to court. In most cases, judges will say the people who make the rules more about them and should have the final word.


This case is all about VA desk jockeys denying a veteran benefits based on their interpretation of VA rules. In other words, judging their own work.

SCOTUS made a rule 20 years ago that was about as clear as mud. This case gives them a chance to clear things up.


We can only hope.

Last week, the Supreme Court heard arguments in Kisor v. Wilkie, a seemingly mundane case stemming from a Department of Veterans’ Affairs (VA) decision to deny a veteran benefits based on a regulatory interpretation. More interestingly, the case bears watching for its potential impact on how our government interacts with technology innovators. Today, entrepreneurs face a tough headwind when challenging federal interpretations of the law, but Kisor could help change that.

Much more of a long article @ How A VA Benefits Case Impacts The Future Of Tech Regulations

 

[martybegan]

Takes a minute to figure out what this means so I’ll put it in my own words.


Let’s say someone is unhappy with a government rule and takes it to court. In most cases, judges will say the people who make the rules more about them and should have the final word.


This case is all about VA desk jockeys denying a veteran benefits based on their interpretation of VA rules. In other words, judging their own work.

SCOTUS made a rule 20 years ago that was about as clear as mud. This case gives them a chance to clear things up.


We can only hope.

Last week, the Supreme Court heard arguments in Kisor v. Wilkie, a seemingly mundane case stemming from a Department of Veterans’ Affairs (VA) decision to deny a veteran benefits based on a regulatory interpretation. More interestingly, the case bears watching for its potential impact on how our government interacts with technology innovators. Today, entrepreneurs face a tough headwind when challenging federal interpretations of the law, but Kisor could help change that.

Much more of a long article @ How A VA Benefits Case Impacts The Future Of Tech Regulations

The concept is "Chevron Deference", where the courts assume the agencies interpretation of their own rules hold higher weight, and thus face a higher burden to be overturned.

Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. - Wikipedia.

I hope this, like blanket qualified immunity dies a hard death at the Supreme Court.