Supreme Court of the United States · Official docket →
Barbara Fawcett v. Citizens Bank, N.A.
Paid petition · United States Court of Appeals for the First Circuit, No. 18-1443 · judgment March 26, 2019
Before the decision, roughly the 4.1% base rate. The model weighted this up for a First Circuit decision below and a dissent in the court below, and down for a business respondent.
Question presented
Whether, in light of this Court’s decisions in Auer v. Robbins, 519 U.S. 452 (1997), and Kisor v. Wilkie, 139 S. Ct. 2400 (2019), the court of appeals improperly afforded Auer deference to a federal agency’s informal “interpretation” of a regulation without first (i) resolving whether the applicable regulation is ambiguous, after engaging in any traditional tools of regulatory and statutory construction; and (ii) performing any independent inquiry as to whether the purported “interpretation” reflects the fair and considered judgment of the agency.
Counsel of record
For petitioner
Edward Franklin Haber
Shapiro Haber and Urmy LLP
For respondent
David Jacob Zimmer
Zimmer, Citron & Clarke LLP
Case
Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, October 7, 2019 · Certiorari denied
Proceedings
- Oct 07 2019Petition DENIED.
- Sep 11 2019DISTRIBUTED for Conference of 10/1/2019.
- Sep 05 2019Waiver of right of respondent Citizens Bank, N.A. to respond filed.
- Sep 03 2019Petition for a writ of certiorari filed. (Response due October 4, 2019)