Professor Kristin Hickman's Blog
For several weeks, Supreme Court watchers and administrative law types have been waiting for the Court to resolve a petition for rehearing in Gundy v. United States, in which the Court narrowly upheld the Sex Offender Registration and Notification Act against a nondelegation challenge, with Justice Gorsuch writing a lengthy...
A recurring question at two conferences I attended last week was whether and how much the Supreme Court’s decision in Kisor v. Wilkie really changed the Auer doctrine. As so often in the case in law, the answer is “it depends.” By way of review, the Supreme Court in Auer...
The Ninth Circuit’s denial of rehearing en banc in Altera Corp. v. Commissioner, with a forceful dissenting opinion by Judge M. Smith (joined by Judges Callahan and Bade). Several judges recused. To recap: The Tax Court in Altera unanimously invalidated a high-dollar-value tax regulation on general administrative law grounds (e.g.,...