New Supreme Court Ruling Limits the Administrative State, But Doesn’t Go Far Enough
The following op-ed by Committee for Justice director of public policy Ashley Baker was published in The Washington Examiner:
Thirty-seven years ago, James Kisor filed a claim for disability benefits for post-traumatic stress disorder resulting from a deadly combat mission in the Vietnam War. The next year, his claim was denied. In 2006, Mr. Kisor reopened his claim, arguing that the VA failed to consider the relevant records. The Department of Veterans Affairs granted him benefits, but only from the date of the new claim, citing its interpretation of the VA regulation governing retroactive benefits.
Kisor appealed the decision to the U.S. Court of Appeals for the Federal Circuit, which deferred to the VA’s interpretation of its regulation. The Court’s reasoning was based on Auer deference, a doctrine that instructs courts to defer to a federal agency’s reasonable interpretation of its own ambiguous regulations.