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ARTICLE · 11 SEPTEMBER 2019

Kisor v. Wilkie: A New Limit On Agency Deference And Its Implications For Banking Organizations

The U.S. Supreme Court recently narrowed the circumstances under which a court will defer to an agency's interpretation of its own regulation.

United StatesFinance and Banking
David L. Portilla
David L. Portilla
Will C. Giles
Will C. Giles

Key takeaways:

  • The U.S. Supreme Court recently narrowed the circumstances under which a court will defer to an agency's interpretation of its own regulation.
  • According to one justice, the new ruling "enfeebled" and "zombified" the doctrine granting agencies deference.
  • Although the effect of these new limitations remains to be seen, they should provide new ways to encourage banking agencies to engage in more open, transparent and rigorous consideration of interpretive questions.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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