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NAM Statement on Supreme Court Decision in Kisor v. Wilkie

Narrowing of “Auer Deference” Will Give Manufacturers Added Regulatory Certainty

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Washington, D.C. – National Association of Manufacturers Senior Vice President and General Counsel Linda Kelly issued the following statement on today’s Supreme Court ruling in Kisor v. Wilkie:

The judicial doctrine of ‘Auer deference’ harmed manufacturers’ competitiveness because it gave agencies exceedingly broad authority to interpret vaguely crafted regulations, said Kelly. While Auer deference was not struck down in full, the court narrowed it significantly, which will give manufacturers in America added regulatory certainty so they can grow, hire and invest more here in the United States.

In February 2019, the NAM’s legal arm, the Manufacturers’ Center for Legal Action, filed a multi-association amicus brief with the Supreme Court, which included examples of how the legal doctrine harmed manufacturers. To learn more about the MCLA, click here.

-NAM-

The National Association of Manufacturers is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs more than 12.8 million men and women, contributes $2.38 trillion to the U.S. economy annually, has the largest economic impact of any major sector and accounts for more than three-quarters of private-sector research and development. The NAM is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the Manufacturers or to follow us on Shopfloor, Twitter and Facebook, please visit www.nam.org.

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