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Home Archive Volume 64 Volume 64, Issue 4 The Downfall of Auer Deference: Veterans Law at the Federal Circuit in 2014
The Downfall of Auer Deference: Veterans Law at the Federal Circuit in 2014

By Victoria Hadfield Moshiashwili | 64 Am. U. L. Rev. 1007

The 2014 veterans benefits case law of the U.S. Court of Appeals for the Federal Circuit mirrored a growing trend at the U.S. Supreme Court to question the well-established tradition of judicial deference to a federal agency’s interpretation of its own regulations.   This article examines the Federal Circuit’s 2014 veterans benefits cases.  Part I provides background and context for the issues raised by the Federal Circuit’s 2014 cases.  Part II surveys changes in the composition of the Federal Circuit during the past year.  Part III reviews and summarizes the Federal Circuit’s 2014 veterans law cases.  Part IV discusses the court’s recent willingness to question Auer deference and how that principle applies in the context of veterans law.

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