State legislatures don't have to wait on the Supreme Court to restore due process.
We live in a system where administrative agencies exercise extraordinary power.
These cases stand for the proposition that when an administrative agency interprets its own regulation, reviewing courts must give "Controlling weight" to the agency's interpretation, unless it is plainly erroneous.
Not so encouraging is that 36 states have adopted some form of deference doctrine when interpreting legal questions involving state administrative agencies.
So even if the Supreme Court gets it right in Kisor, state courts may still defer to regulators.
Some state supreme courts, including Wisconsin's and Mississippi's, have reversed these doctrines in recent years.
In other words, it directs courts to treat cases from administrative agencies the same as they would any other case, without favoring the government party over the private party.
https://www.nationalreview.com/2019/04/state-legislatures-bureaucrats-administrative-agencies/
We live in a system where administrative agencies exercise extraordinary power.
These cases stand for the proposition that when an administrative agency interprets its own regulation, reviewing courts must give "Controlling weight" to the agency's interpretation, unless it is plainly erroneous.
Not so encouraging is that 36 states have adopted some form of deference doctrine when interpreting legal questions involving state administrative agencies.
So even if the Supreme Court gets it right in Kisor, state courts may still defer to regulators.
Some state supreme courts, including Wisconsin's and Mississippi's, have reversed these doctrines in recent years.
In other words, it directs courts to treat cases from administrative agencies the same as they would any other case, without favoring the government party over the private party.
https://www.nationalreview.com/2019/04/state-legislatures-bureaucrats-administrative-agencies/
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