Auer/Kisor Deference
Administrative Law · Lesson 08
Auer/Kisor Deference
這一課問的是：法院是否應尊重機關對自身法規之解釋？
ActorActObjectStandardConsequence
Issue · what this lesson is really about
Should the court defer to the agency's interpretation of its own regulation?
這一課問的是：法院是否應尊重機關對自身法規之解釋？
Trigger words & phrases that should flag this issue:
own regulationAuerKisorinterpretationambiguous
Core Terminology · 7 must-know
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Auer/Seminole Rock
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Deference to agency's interpretation of its own ambiguous regulation.
Auer/Seminole Rock。
Kisor v. Wilkie
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2019 case narrowing Auer but not overruling.
Kisor v. Wilkie。
genuine ambiguity
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Required for Auer deference — apply traditional interpretive tools first.
真實模糊。
reasonable
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Agency interpretation must be reasonable.
合理。
authoritative
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Must reflect agency's authoritative position.
權威。
expertise
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Should implicate agency's substantive expertise.
專業。
fair warning
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Must not work surprise on regulated parties.
公平警告。
Rule Sentence · the workhorse
Under Auer/Seminole Rock deference, as narrowed by Kisor v. Wilkie (2019), a court defers to an agency's interpretation of its own regulation only when (1) the regulation is genuinely ambiguous after traditional interpretive tools are exhausted, (2) the agency's interpretation is reasonable, (3) the interpretation reflects the agency's authoritative position, (4) it implicates the agency's substantive expertise, and (5) it does not unfairly surprise regulated parties.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人reviewing court審查法院
Act 行為interpreting agency regulation解釋機關法規
Object 對象agency's interpretation機關之解釋
Standard 法律標準Kisor's Auer frameworkKisor 之 Auer 框架
Consequence 後果deference or independent interpretation尊重或獨立解釋
Casebook Snapshot · a real American case
Kisor v. Wilkie
Holding. Auer deference is preserved but significantly narrowed: a court must first determine the regulation is genuinely ambiguous after exhausting traditional tools of construction; the agency's interpretation must be reasonable; reflect authoritative position; implicate expertise; and not work unfair surprise.
Why it matters. Kisor narrows Auer — multiple preconditions before deference attaches.
Kisor 縮 Auer — 多重前提方尊重。
Common Mistakes · what trips students
✗ Auer 自動 control。
✓ Kisor requires multiple preconditions before deference.
Kisor 加多項前提。
Mini IRAC · build the Application
Issue. Should the court defer to VA's interpretation of "relevant" in its disability regulation under Kisor framework?
Rule. Under Kisor, deference requires genuine ambiguity, reasonable interpretation, authoritative position, expertise, and no unfair surprise.
Application (model). VA interprets "relevant" narrowly to exclude P's records. Court must apply Kisor framework. Because Kisor requires the court to first exhaust traditional interpretive tools to find genuine ambiguity, the fact that ordinary interpretive tools may yield a clear meaning without recourse to agency interpretation means the threshold of ambiguity must be confirmed before any deference applies.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, the court must first determine genuine ambiguity using traditional interpretive tools before deferring.
MBE Check · multiple choice
Agency interprets its regulation in a litigation brief, contradicting prior agency interpretations. Is Auer deference appropriate?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: