No. 20-1292

Parts Galore L.L.C., et al. v. Jacqueline Harrison

Lower Court: Sixth Circuit
Docketed: 2021-03-17
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: administrative-law agency-deference agency-interpretation americans-with-disabilities-act auer-deference chevron-deference federal-courts judicial-review regulatory-guidance statutory-interpretation
Key Terms:
AdministrativeLaw SocialSecurity JusticiabilityDoctri
Latest Conference: 2021-04-23
Question Presented (AI Summary)

Should this Court overrule Kisor v. Wilkie, Auer v. Robbins and Bowles v. Seminole Rock & Sand Co. and direct federal courts to stop giving deference to an agency interpretation of its own regulation except to the extent that interpretation is persuasive?

Question Presented (from Petition)

QUESTIONS PRESENTED Congress in 2008 amended the employment provisions of the Americans with Disabilities Act, expanding some key sections and admonishing courts to construe the Act broadly in favor of coverage. EEOC issued regulations that in places expanded the amendments’ reach even further, and also purported to tell courts how to construe and apply the law. In this ADA action, the district court granted summary judgment because plaintiffs alleged knee condition, of which she offered no supporting medical evidence, was not a physical impairment that, by plaintiffs own testimony, substantially limited a major life activity. Plaintiff appealed, and EEOC in an amicus curiae brief offered guidance that relied on its expanded regulations and broadened them still further, declaring categorically that ADA plaintiffs need not provide any “medical evidence” of their substantially limiting condition. The appellate court agreed and reversed. 1. Should this Court overrule Kisor v. Wilkie, 139 S. Ct. 2400 (2019), Auer v. Robbins, 519 U.S. 452 (1997) and Bowles v. Seminole Rock & Sand Co., 325 US. 410 (1945) and direct federal courts to stop giving deference to an agency interpretation of its own regulation except to the extent that interpretation is persuasive? 2. Should this Court overrule Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984) and direct courts to stop giving deference to agency regulations interpreting statutes except to the extent the regulations are persuasive? i

Docket Entries

2021-04-26
Petition DENIED.
2021-04-07
DISTRIBUTED for Conference of 4/23/2021.
2021-03-31
Waiver of right of respondent Jacqueline Harrison to respond filed.
2021-03-12
Petition for a writ of certiorari filed. (Response due April 16, 2021)

Attorneys

Jacqueline Harrison
Joseph Aaron GoldenThe Sharp Firm, Respondent
Joseph Aaron GoldenThe Sharp Firm, Respondent
Parts Galore L.L.C., et al.
Michael Francis SmithThe Smith Appellate Law Firm, Petitioner
Michael Francis SmithThe Smith Appellate Law Firm, Petitioner