AG Derek Schmidt: Supreme Court rulings grant federal agencies power beyond constitutional limits, should be overturned

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TOPEKA – (February 1, 2019) – Kansas Attorney General Derek Schmidt is urging the U.S. Supreme Court to overturn two prior rulings that expand the scope of the executive branch’s power beyond constitutional limits and deprive states of constitutional safeguards from federal overreach. Schmidt, along with 15 other state attorneys general, yesterday filed a legal brief in the U.S. Supreme Court arguing the Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., two existing opinions directing lower courts to side with a federal agency’s interpretation of its own ambiguous regulation when in conflict with state law. The brief cites past examples where courts have invoked the rule outlined in the Auer and Bowles cases to nullify...

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AG Derek Schmidt: Supreme Court rulings grant federal agencies power beyond constitutional limits, should be overturned

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