Agencies in Crosshairs With Unlikely Ally: Trump Administration

The Trump administration has touted its efforts to rein in agency power, but in a case the U.S. Supreme Court agreed to hear Dec. 10 it’s defending a rule that’s often used to uphold agency actions.

The case could have broad implications for federal agencies, which could see their power to informally craft policy curtailed.

The rule, known as Auer or Seminole Rock deference, can be seen as allowing an agency to give power to itself, Jonathan H. Adler, of Case Western Reserve University School of Law, told Bloomberg Law.

The doctrine, along with another known as Chevron deference, ...