The 2014 Supreme Court preview will focus on two cases accepted for review that are “litmus tests” for the Court, namely the problems associated with the administrative state and its regulatory overreach. These cases, in particular, are very important to the regulated community. Both Perez v. Mortgage Bankers Association and Nickols v. Mortgage Bankers Association involve the problem of "interpretive rulemaking" -- a process by which an agency unilaterally alters its interpretation of a regulation without adequate notice or input from the regulated community or the public at large. The Supreme Court has agreed to decide whether "interpretive rulemaking" requires the same notice and comment period that is required by the Administrative Procedure Act. A decision in favor of the regulated community will be a significant step toward constraining the expansion of executive power.
Friday, October 3, 2014 12:00 PM - 1:00 PMEastern Time
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