Supreme Court Report

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


Certiorari denied · October 7, 2019
Pre-decision estimate: 4% cert probability

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

  1. Oct 07 2019
    Petition DENIED.
  2. Sep 11 2019
    DISTRIBUTED for Conference of 10/1/2019.
  3. Sep 05 2019
    Waiver of right of respondent Citizens Bank, N.A. to respond filed.
  4. Sep 03 2019
    Petition for a writ of certiorari filed. (Response due October 4, 2019)