Kisor v. Wilkie: A Case to Watch

How did a Vietnam War veteran’s request for disability benefits turn into one of the key Supreme Court cases of this term—Kisor v. Wilkie— with major implications for the future of the administrative state? In this episode, administrative law experts Jonathan Adler of Case Western Law School and Ron Levin of Washington University in St. Louis Law School explain. They join host Jeffrey Rosen to unpack the case, and the administrative law deference doctrine, known as “Auer deference,” at the center of the dispute. They also break down other key administrative law doctrines like “Chevron” and “Skidmore” deference and the non-delegation doctrine, and explain why they’re so important and at times controversial.

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