Does the Department of Justice have to give deference to a regulation that does little more than restate the terms of the statute itself?
MultiRegion, United States of America
The following excerpt is from K.M. v. Tustin Unified Sch. Dist., D.C. No. 3:09-cv-02621-L-NLS, D.C. No. 8:10-cv-01011-DOC-MLG, No. 11-56259, No. 12-56224 (9th Cir. 2013):
4. Auer deference does not apply where the regulation at issue "does little more than restate the terms of the statute itself." Gonzales v. Oregon, 546 U.S. 243, 257 (2006). That exception is inapplicable here, where, as in Auer, the regulation does not parrot the statute but rather "[gives] specificity to a statutory scheme the [DOJ] was charged with enforcing." Id. at 256 (construing Auer).
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