Faculty Blog, Professor Manus

Kisor v. Wilkie — More Rumbles of Discord on the Supreme Court

On June 26, 2019 the Supreme Court issued its much-anticipated decision in Kisor v. Wilkie.  In it, the Court preserved the Auer doctrine, which requires judges to give deference to federal agencies in interpreting their regulations. The Court's elaborate reexamination of this doctrine -- named for Auer v. Robbins, a 1997 case in which Justice… Continue reading Kisor v. Wilkie — More Rumbles of Discord on the Supreme Court

Faculty Blog

Putting Korematsu to Rest, Not a Moment Too Soon

More than a few commentators have noted the U.S. Supreme Court’s effort in Trump v. Hawaii, the travel ban case, to put to rest any lingering doubt about the validity of one of the nation’s most notorious judicial precedents, Korematsu v. United States. In that World War II-era case, the Court upheld the government-mandated internment… Continue reading Putting Korematsu to Rest, Not a Moment Too Soon