The Government Just Got More Powerful. (And That’s a Good Thing.) … Here’s the most important legal principle that you’ve probably never heard of: If a regulation issued by a government agency turns out to be ambiguous, the agency, not the court, gets to resolve the ambiguity. It’s called the Auer principle, after the 1997 Supreme Court decision that established it. … Few people have noticed, but on Monday the court made it clear that Auer is going to be with us for a long time. – Bloomberg
Cass R. Sunstein wrote this Bloomberg opinion article, and he is very happy about the recent Supreme Court ruling regarding Auer.
Sunstein is the academic who not so long ago proposed that government enter chat rooms and other ‘Net facilities by subterfuge in order to propose counter-arguments to “conspiracy” theorists.
He’s a philosophical authoritarian who unfortunately has a great deal of mainstream…