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Administrative/Regulatory,
Constitutional Law,
U.S. Supreme Court

Dec. 13, 2018

High court accepts Scalia’s invitation

If even Antonin Scalia was willing to abandon the so-called Auer v. Robbins doctrine, it must be on very thin ice indeed.

John C. Eastman

Center for Constitutional Jurisprudence c/o Chapman Law School

1 University Dr
Orange , CA 92866

Phone: (714) 628-2587

Email: jeastman@chapman.edu

Univ of Chicago Law School

Dr. John C. Eastman is the Henry Salvatori Professor of Law & Community Service at Chapman University's Fowler School of Law, and founding director of the Claremont Institute's Center for Constitutional Jurisprudence.

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High court accepts Scalia’s invitation
The Supreme Court justices gathered at the White House on April 12, 2000. They are, from left, Chief Justice William H. Rehnquist and Justices John Paul Stevens, Sandra Day O'Connor, Antonin Scalia, Anthony M. Kennedy, David H. Souter, Clarence Thomas, Ruth Bader Ginsburg and Stephen G. Breyer. These justices reached a unanimous decision in the Auer v. Robbins case in 1997, a ruling which may be overturned by the present court. (New York Times News Service)

FIRST PRINCIPLES / OT18

In his 2015 opinion concurring in the judgment of Perez v. Mortgage Bankers Association, Justice Antonin Scalia announced that he would be "abandoning" the holding in Auer v. Robbins at the first opportunity, a pos...

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