The Deference Trend in the Supreme Court

Scotusblog had an interesting article about the deference jurisprudence in the United States Supreme Court.  Ms. Frost seemed to indicated that Christopher v. Smithkline Beecham was the case for the court to reconsider Auer.  Scalia seemed to suggest as much in Talk America last term.  This is a bit inside baseball, but the primary concern of the deference analysis is whether Scalia can convince any of his colleagues to abandon Auer.  There is no evidence to suspect that they will but Ms. Frost indicates that this case would be the perfect vehicle to accomplish this change.  We hope they decline Ms. Frost’s invitation. The post can be read in full here.

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