Strategies to Bring Down a Giant: Auer Deference Vulnerable After Reprieve in Kisor v.Wilkie

This Note examines the Supreme Court’s decision in Kisor v. Wilkie and argues that, despite narrowing Auer deference, the Court left its core constitutional and administrative-law problems unresolved. The Note contends that Auer still allows agencies to shape regulatory meaning through informal interpretations, undermining both judicial review and separation-of-powers principles. It concludes that courts should limit deference by requiring clearer congressional authorization and applying Skidmore-style review where such authorization is absent.[This abstract was written by Microsoft Copilot, a generative artificial intelligence.]