perez secretary labor et al mortgage bankers association et al argued december decided march administrative procedure act apa establishes procedures federal administrative agencies use rule making defined process formulating amending repealing rule apa distinguishes two types rules legislative rules issued rulemaking see force effect law chrysler brown interpretive rules contrast issued advise public agency construction statutes rules administers shalala guernsey memorial hospital require rulemaking force effect law ibid department labor wage hour division issued letters opining officers qualify administrative exemption overtime pay requirements fair labor standards act department issued new regulations regarding exemption respondent mortgage bankers association mba requested new interpretation revised regulations applied officers wage hour division issued opinion letter finding officers fell within administrative exemption regulations department altered interpretation administrative exemption without notice opportunity comment department withdrew opinion letter issued administrator interpretation concluding officers qualify administrative exemption mba filed suit contending relevant administrator interpretation procedurally invalid circuit decision paralyzed veterans arena paralyzed veterans doctrine holds agency must use apa procedures wishes issue new interpretation regulation deviates significantly previously adopted interpretation district granted summary judgment department circuit applied paralyzed veterans reversed held paralyzed veterans doctrine contrary clear text apa rulemaking provisions improperly imposes agencies obligation beyond apa maximum procedural requirements pp apa categorical exemption interpretive rules process fatal paralyzed veterans doctrine circuit reading apa conflates differing purposes act section requires agencies use procedures amend repeal rule used issue rule see say procedures agency must use engages rulemaking purpose specifically exempts interpretive rules requirements agency required use procedures issue initial interpretive rule also required use procedures amend repeal rule pp straightforward reading apa harmonizes longstanding principles administrative law jurisprudence consistently held apa sets forth full extent judicial authority review executive agency action procedural correctness fcc fox television stations apa rulemaking provisions exception establishes maximum procedural requirements courts may impose upon agencies engaged rulemaking vermont yankee nuclear power natural resources defense council mandating procedures agency changes interpretation one regulations enforces paralyzed veterans creates procedural right inconsistent congress standards pp mba reasons upholding paralyzed veterans doctrine unpersuasive pp mba asserts agency interpretation regulation significantly alters agency prior interpretation effectively amends underlying regulation assertion conflicts ordinary meaning words amend interpret impossible reconcile longstanding recognition interpretive rules force effect law mba theory particularly odd light limitations paralyzed veterans doctrine applies agency previously adopted interpretation regulation mba fails explain argument regarding revised interpretations also extend agency first interpretation christensen harris county shalala guernsey memorial hospital distinguished pp mba also contends paralyzed veterans doctrine reinforces apa goal procedural fairness apa already provides recourse regulated entities agency decisions skirt provisions placing variety constraints agency decisionmaking arbitrary capricious standard addition congress may include provisions legislation shelter regulated entities liability rely previous agency interpretations see pp mba waived argument administrator interpretation classified legislative rule beginning suit litigated understanding administrator interpretation interpretive rule neither district appeals addressed argument mba raise opposing certiorari reversed sotomayor delivered opinion roberts kennedy ginsburg breyer kagan joined alito joined except part alito filed opinion concurring part concurring judgment scalia thomas filed opinions concurring judgment opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press nos et al et al et al writs certiorari appeals district columbia circuit march justice sotomayor delivered opinion federal administrative agency first issues rule interpreting one regulations generally required follow rulemaking procedures administrative procedure act apa act see appeals district columbia circuit nevertheless held line cases beginning paralyzed veterans arena agency must use apa procedures wishes issue new interpretation regulation deviates significantly one agency previously adopted question cases whether rule announced paralyzed veterans consistent apa hold apa establishes procedures federal administrative agencies use rule making defined process formulating amending repealing rule rule turn defined broadly include statement general particular applicability future effect designed implement interpret prescribe law policy section apa prescribes procedure rulemaking first agency must issue eneral notice proposed rule making ordinarily publication federal register second notice required agency must give interested persons opportunity participate rule making submission written data views arguments agency must consider respond significant comments received period public comment see citizens preserve overton park volpe thompson clark cadc third agency promulgates final rule must include rule text concise general statement basis purpose rules issued process often referred legislative rules force effect law chrysler brown internal quotation marks omitted rules must issued process section apa provides unless another statute otherwise requirement apply interpretative rules general statements policy rules agency organization procedure practice term interpretative rule interpretive rule defined apa precise meaning source much scholarly judicial debate see generally pierce distinguishing legislative rules interpretative rules admin rev manning nonlegislative rules geo rev need wade debate purposes suffices say critical feature interpretive rules issued agency advise public agency construction statutes rules administers shalala guernsey memorial hospital internal quotation marks omitted absence obligation makes process issuing interpretive rules comparatively easier agencies issuing legislative rules convenience comes price interpretive rules force effect law accorded weight adjudicatory process ibid cases began dispute efforts department labor determine whether officers covered fair labor standards act flsa stat amended et seq flsa establishe minimum wage overtime compensation hour worked excess hours workweek many employees rity staffing solutions busk slip certain classes employees however exempt provisions among exempt individuals employed bona fide executive administrative professional capacity capacity outside salesman exemption employees known administrative exemption flsa grants secretary labor authority defin delimi categories exempt administrative employees ibid secretary current regulations regarding administrative exemption promulgated rulemaking relevant regulations differed previous regulations contained new section providing several examples exempt administrative employees see cfr one examples mployees financial services industry depending nature work generally meet duties requirements administrative exception financial services example ends caveat noting employee whose primary duty selling financial products qualify administrative exemption ibid department wage hour division issued letters opining officers qualify administrative exemption see opinion letter loan status lrr wages hours manual opinion letter mortgage loan status may words department concluded flsa minimum wage maximum hour requirements applied officers department promulgated current flsa regulations respondent mortgage bankers association mba national trade association representing real estate finance companies requested new opinion interpreting revised regulations department issued opinion letter finding officers fell within administrative exemption regulations see app pet cert pp four years later however wage hour division altered interpretation flsa administrative exemption applied officers reviewing provisions regulations judicial decisions addressing administrative exemption department administrator interpretation concluded officers primary duty making sales employers therefore qualify administrative exemption department accordingly withdrew opinion letter viewed relying misleading assumption selective narrow analysis exemption example like opinion letters administrator interpretation issued without notice opportunity comment mba filed complaint federal district challenging administrator interpretation mba contended document inconsistent regulation purported interpret thus arbitrary capricious violation apa pertinent case mba also argued administrator interpretation procedurally invalid light circuit decision paralyzed veterans paralyzed veterans doctrine agency given regulation definitive interpretation later significantly revises interpretation agency effect amended rule something may accomplish apa without notice comment alaska professional hunters faa cadc three former officers beverly buck ryan henry jerome nickols subsequently intervened case defend administrator district granted summary judgment department mortgage bankers assn solis supp dc though accepted parties characterization administrator interpretation interpretive rule district determined paralyzed veterans doctrine inapplicable mba failed establish reliance contrary interpretation expressed department opinion letter administrator interpretation district determined fully supported text flsa regulations accordingly held interpretation arbitrary circuit reversed mortgage bankers assn harris bound rule paralyzed veterans precedent appeals rejected government call abandon doctrine view question properly whether district erred requiring mba prove relied department prior interpretation explaining reliance required element paralyzed veterans doctrine noting department concession prior conflicting interpretation regulations existed circuit concluded administrator interpretation vacated granted certiorari reverse ii paralyzed veterans doctrine contrary clear text apa rulemaking provisions improperly imposes agencies obligation beyond maximum procedural requirements specified apa vermont yankee nuclear power natural resources defense council text apa answers question presented section apa provides notice proposed rule making shall published federal register notice required apa agency shall give interested persons opportunity participate rule making unless notice hearing required statute act requirement apply interpretative rules exemption interpretive rules process categorical fatal rule announced paralyzed veterans rather examining exemption interpretive rules contained apa circuit paralyzed veterans focused attention act section defines rule making include initial issuance new rules also repeal amend ments existing rules see requirements may apply even later agency actions reasoned allow ing agency make fundamental change interpretation substantive regulation without notice comment undermine apa procedural framework reading apa conflates differing purposes act section defines rulemaking however say procedures agency must use engages rulemaking purpose specifically exempts interpretive rules requirements apply legislative rules circuit correctly read apa mandate agencies use procedures amend repeal rule used issue rule first instance see fcc fox television stations apa make distinction initial agency action subsequent agency action undoing revising action went wrong failing apply accurate understanding exemption interpretive rules contained agency required use procedures issue initial interpretive rule also required use procedures amends repeals interpretive rule straightforward reading apa adopt harmonizes longstanding principles administrative law jurisprudence time reiterated apa sets forth full extent judicial authority review executive agency action procedural correctness fox television stations beyond apa minimum requirements courts lack authority impose upon agency notion procedures likely vague undefined public good vermont yankee otherwise violate basic tenet administrative law agencies free fashion rules procedure foundational principles apply equal force apa procedures rulemaking explained vermont yankee act established maximum procedural requirements congress willing courts impose upon agencies conducting rulemaking procedures agencies free grant additional procedural rights exercise discretion reviewing courts generally free impose agencies chosen grant ibid paralyzed veterans doctrine creates procedural right right notice opportunity comment agency changes interpretation one regulations enforces requirement may wise policy may regardless imposing obligation responsibility congress administrative agencies courts trust congress weighed costs benefits placing rigorous procedural restrictions issuance interpretive rules see congress enacted apa settled contentions enact ed formula upon opposing social political forces come rest internal quotation marks omitted end congress decided adopt standards permit agencies promulgate freely rules whether consistent earlier interpretations circuit struck balance differently permit one overturn congress contrary judgment cf law siegel slip iii mba offers several reasons paralyzed veterans doctrine upheld persuasive mba begins defense paralyzed veterans doctrine attempting bolster circuit reading apa paralyzed veterans mba contends simply acknowledges reality agency significantly alters prior definitive interpretation regulation effectively amended regulation something apa requires use procedures brief respondent act amending however ordinary parlance legal usage meaning separate apart act interpreting compare black law dictionary ed defining amend change wording formally alter striking inserting substituting words defining interpret ascertain meaning significance thoughts expressed words one normally say amends statute interprets text agency interpret regulation without effectively amend ing underlying source law mba explain precisely interpretive rule changes regulation interprets assertion impossible reconcile longstanding recognition interpretive rules force effect law see chrysler citing attorney general manual administrative procedure act skidmore swift mba theory particularly odd light limitations paralyzed veterans doctrine recall rule paralyzed veterans applies agency previously adopted interpretation regulation yet initial interpretation much come agency giving definite meaning ambiguous text act mba insists requires notice comment mba unable say arguments regarding revised interpretations also extend agency first next mba argues paralyzed veterans doctrine consistent functional approach interpreting apa relying christensen harris county shalala guernsey memorial hospital mba contends already recognized agency may avoid procedures cloaking actions mantle mere brief respondent neither cases mba cites supports argument decision christensen address change agency interpretation instead refused give deference agency interpretation unambiguous regulation observing defer case allow agency create de facto new regulation put differently christensen held agency interpretation issue substantively invalid conflicted text regulation agency purported interpret holding irrelevant suit paralyzed veterans rule assesses whether agency interpretation procedurally invalid guernsey case fully consistent indeed confirms text apa makes plain interpretive rules require notice comment sidestepping inconvenient language mba instead quotes portion opinion stating apa rulemaking still required agency adopted new position inconsistent existing regulations statement mba relies dictum worse dictum taken context regulations referred two provisions medicare reimbursement scheme apparent description regulations part ii opinion legislative rules issued process see noting disputed regulations codified code federal regulations read properly cited passage guernsey merely means agency may change interpretation revised interpretation consistent underlying regulations brief petitioners main mba attempts justify paralyzed veterans doctrine practical policy grounds mba contends doctrine reinforces apa goal procedural fairness preventing agencies unilaterally unexpectedly altering interpretation important regulations brief respondent may times agency decision issue interpretive rule rather legislative rule driven primarily desire skirt provisions regulated entities without recourse situations quite opposite apa contains variety constraints agency decisionmaking arbitrary capricious standard among notable held fox television stations underscore today apa requires agency provide substantial justification new policy rests upon factual findings contradict underlay prior policy prior policy engendered serious reliance interests must taken account arbitrary capricious ignore matters citation omitted see also kennedy concurring part concurring judgment addition congress aware agencies sometimes alter views ways upset settled reliance interests reason congress sometimes includes statutes drafts provisions shelter regulated entities liability act conformance previous agency interpretations flsa includes one provision amended act et flsa provides employer shall subject liability failing pay minimum wages overtime compensation demonstrates act omission complained good faith conformity reliance written administrative regulation order ruling approval interpretation administrator department wage hour division even guidance later modified rescinded safe harbors often protect parties liability agency adopts interpretation conflicts previous mba changes direction second half brief contending overturns paralyzed veterans rule circuit judgment nonetheless affirmed mba says agency interpretation issue administrator interpretation fact classified legislative rule address argument beginning parties litigated suit understanding administrator interpretation name suggests interpretive rule indeed mba think administrator interpretation interpretive rule decision invoke paralyzed veterans doctrine attacking rule passing strange paralyzed veterans applied interpretive rules consequently neither district circuit considered mba current claim administrator interpretation actually legislative rule beyond important still mba brief opposition certiorari dispute petitioners assertions framing question presented substance petitions administrator interpretation interpretive rule thus even assuming mba waive argument done see rule carcieri salazar foregoing reasons judgment appeals district columbia circuit reversed ordered opinion alito nos et al et al et al writs certiorari appeals district columbia circuit march justice alito concurring part concurring judgment join opinion except part agree doctrine paralyzed veterans america arena cadc incompatible administrative procedure act creation doctrine may prompted understandable concern aggrandizement power administrative agencies result combined effect effective delegation agencies congress huge swaths lawmaking authority exploitation agencies uncertain boundary legislative interpretive rules cases holding courts must ordinarily defer agency interpretation ambiguous regulations see bowles seminole rock sand dismiss concerns paralyzed veterans doctrine viable cure problems least one three factors noted however concerns matter addressed opinions justice scalia justice thomas offer substantial reasons seminole rock doctrine may incorrect see also christopher smithkline beecham slip citing inter alia manning constitutional structure judicial deference agency interpretations agency rules colum rev await case validity seminole rock may explored full briefing argument scalia concurring judgment nos et al et al et al writs certiorari appeals district columbia circuit march justice scalia concurring judgment agree decision reasoning demonstrating incompatibility circuit paralyzed veterans holding administrative procedure act paralyzed veterans arena cadc agree however portrayal result produces vindication balance congress struck weighed costs benefits placing rigorous restrictions issuance interpretive rules ante depiction accurate enough one looks case isolation considered alongside law deference administrative determinations however today decision produces balance power procedure quite different one congress chose enacted apa apa framed background rapid expansion administrative process check upon administrators whose zeal might otherwise carried excesses contemplated legislation creating offices morton salt act guards excesses rulemaking requiring notice comment agency makes rule normally must notify public proposal invite comment shortcomings consider respond arguments explain final decision statement rule basis purpose ante apa exempts interpretive rules requirements concession agencies meant modest effects today despite exempting interpretive rules notice comment act provides reviewing shall interpret constitutional statutory provisions determine meaning applicability terms agency action emphasis added act thus contemplates courts agencies authoritatively resolve ambiguities statutes regulations regime exemption interpretive rules add much agency power agency may use interpretive rules advise public explaining interpretation law agency may use interpretive rules bind public making law remains responsibility decide whether law means agency says means heedless original design apa developed elaborate law deference agencies interpretations statutes regulations never mentioning directive reviewing interpret statutory provisions held agencies may authoritatively resolve ambiguities statutes chevron natural resources defense council never mentioning directive reviewing determine meaning applicability terms agency action relying case decided apa bowles seminole rock sand held agencies may authoritatively resolve ambiguities regulations auer robbins supplementing apa doctrines deference revolutionized import interpretive rules exemption rulemaking agencies may use rules advise public also bind interpretive rule gets deference people bound obey pain sanction less surely bound obey substantive rules accorded similar deference interpretive rules command deference force law reasons resisting obvious point withstand gentle breeze even agency interpretation gets deference argues ultimately decides whether text means agency says ante quite long agency stray beyond ambiguity text interpreted deference compels reviewing decide text means agency says continues deference inexorable command cases example apply plainly erroneous interpretations ibid true beside point saying interpretive rules lack force law plainly erroneous interpretations bind courts like saying substantive rules lack force law arbitrary capricious rules bind courts course interpretive rule must meet certain conditions gets deference interpretation must instance every bit binding substantive rule point stands deferring interpretive rules allowed agencies make binding rules unhampered procedures problem bad enough perhaps insoluble chevron uprooted respect interpretive rules setting forth agency interpretation statutes agency interpretation regulations matter giving category interpretive rules auer deference allow agency make binding regulations without notice comment agency congress drafts substantive rules object interpretations giving deference allows agency control extent domain expand domain agency need write substantive rules broadly vaguely leaving plenty gaps filled later using interpretive rules unchecked notice comment apa remotely contemplate regime still problem paralyzed veterans doctrine courageous indeed brazen attempt limit mischief requiring interpretive rule go notice comment revises earlier definitive interpretation regulation solution unlawful reasons set forth opinion contradicts apa unqualified exemption interpretive rules rulemaking think another solution one unavailable circuit since involves overruling one decisions even greater fault merely ignoring apa described elsewhere rule chevron comport apa least conformity long history judicial review executive action tatutory ambiguities left reasonable resolution executive mead scalia dissenting unaware history justifying deference agency interpretations regulations weighty reasons deny lawgiver power write ambiguous laws judge ambiguity means see decker northwest environmental defense center scalia concurring part dissenting part slip therefore restore balance originally struck apa respect agency interpretation regulations rewriting act order make auer abandoning auer applying act written agency free interpret regulations without notice comment courts decide deference agency whether interpretation correct thomas concurring judgment nos et al et al et al writs certiorari appeals district columbia circuit march justice thomas concurring judgment concur holding doctrine first announced paralyzed veterans america arena cadc inconsistent administrative procedure act apa et must rejected agency substantial revision interpretation regulation amount amendment regulation word used statute write separately cases call question legitimacy precedents requiring deference administrative interpretations regulations line precedents beginning bowles seminole rock sand requires judges defer agency interpretations regulations thus happened cases giving legal effect interpretations rather regulations doctrine effects transfer judicial power executive agency raises constitutional concerns line precedents undermines obligation provide judicial check branches subjects regulated parties precisely abuses framers sought prevent doctrine deference agency interpretation regulations usually traced back decision seminole rock supra involved interpretation price control regulation along general price freeze administrator office price administration promulgated specialized regulations governing maximum price different commodities administrator brought enforcement action manufacturer crushed stone manufacturer challenged administrator interpretation regulations lower courts agreed manufacturer interpretation reversed setting approach apply case announced without citation explanation administrative interpretation ambiguous regulation entitled controlling weight since involves interpretation administrative regulation must necessarily look administrative construction regulation meaning words used doubt intention congress principles constitution situations may relevant first instance choosing various constructions ultimate criterion administrative interpretation becomes controlling weight unless plainly erroneous inconsistent regulation concluded rule clearly favored administrator interpretation rendering discussion dictum unsupported rule developed doctrine deference taken life broadly applied regulations issued agencies across broad spectrum subjects see robertson methow valley citizens council forests ehlert selective service ins stanisic deportation udall tallman oil gas leases even applied agency interpretation another agency regulations see pauley bethenergy mines applied agency interpretation inconsistent previous interpretation regulation see long island care home coke applied formal informal interpretations alike including taken litigation see auer robbins reasoning also extended outside context traditional agency regulations realm criminal sentencing see stinson concluding sentencing commission commentary guidelines analogous agency interpretation regulations entitled seminole rock deference even applied doctrine agency interpretation regulation cast vague aspirational terms substantive content see thomas jefferson univ shalala see also thomas dissenting steady march toward deference expressly declined apply seminole rock deference ground agency interpretation plainly case faced predictable consequence line precedents agency sought deference opinion letter interpreted permissive regulation mandatory see christensen harris county rejected request deference effort guise interpreting regulation create de facto new regulation ibid narrow limit broad deference given agency interpretations though sound save doctrine constitutionally infirm start seminole rock constitutionally suspect start repeated extensions magnified effects attendant concerns ii always vigilant protecting structure constitution although repeatedly invoked separation powers constitutional system checks balances core principles constitutional design essential protection individual liberty see stern marshall slip internal quotation marks omitted also endorsed pragmatic flexible approach design seemed convenient permit powers mixed see nixon administrator general services history shows approach runs risk compromising constitutional structure constitution particular blend separated powers checks balances informed centuries political thought experiences see vile constitutionalism separation powers ed vile though theories separation powers checks balances roots ancient world events centuries played crucial role development informed men crafted ratified constitution century war independence english civil war catapulted theory separation powers prominence political theorists day witnessed conflict king parliament dangers tyrannical government posed began call clear division authority two work titled royalist defence offered perhaps first extended account theory separation powers hilst supreamacy power judge law authority make new lawes kept severall hands known law preserved vanished instantly thereupon arbytrary tyrannicall power introduced royalist defence italics original john locke baron de montesquieu endorsed expanded concept see vile agreed general theory set forth royalist defence emphasizing need separation powers protect individual liberty locke second treatise civil government gough ed montesquieu spirit laws bk xi ch pp piest nugent transl also advocated system checks balances reinforce separation vile instance agreed executive power assemble dismiss legislature consent laws passed see locke supra montesquieu spirit laws montesquieu warned power check power lest legislature arrogate authority pleased soon destroy powers experience period war independence ratification constitution confirmed wisdom combining theories although many state constitutions time included language unequivocally endorsing separation powers secure separation checks balances vile actively placed traditional executive judicial functions legislature wood creation american republic pp arrangements state legislatures arrogated power began confiscate property approve printing paper money suspend ordinary means recovery debts framers met constitutional convention understood need greater checks balances reinforce separation powers madison remarked experience taught us distrust separation powers alone sufficient security branch encroachments others records federal convention farrand rev necessary introduce balance powers interests guarantee provisions paper ibid framers thus separated three main powers government legislative executive judicial three branches created articles ii iii also created checks balances reinforce separation example gave congress specific enumerated powers enact legislation art gave president power veto legislation subject congressional override supermajority vote art cls gave president power appoint principal officers gave senate power give advice consent appointments art ii cl gave house senate power agree adjourn three days art cl gave president power case disagreement adjourn congress time shall think proper art ii cl ratification debates madison argued structure represented great security liberty constitution federalist rossiter ed madison framers separation powers checks balances theories practical real protections individual liberty new constitution see mistretta scalia dissenting constitution prescribed structure framework conduct government designing structure framers considered much commingling governmental powers generality things acceptable set forth conclusions document judiciary less two branches obligation guard deviations principles seminole rock line precedent one deviation seminole rock raises two related constitutional concerns represents transfer judicial power executive branch amounts erosion judicial obligation serve check political branches party properly brings case controversy article iii called upon exercise judicial power art iii reasons explain section judicial power originally understood requires exercise independent judgment interpreting expounding upon laws ratified constitution knew legal texts often contain ambiguities see generally molot judicial perspective administrative state reconciling modern doctrines deference judiciary structural role stan rev nelson originalism interpretive conventions chi rev james madison explained new laws though penned greatest technical skill passed fullest mature deliberation considered less obscure equivocal federalist judicial power understood include power resolve ambiguities time see ibid alexander hamilton lauded power arguing interpretation laws proper peculiar province courts undoubtedly true branches government authority obligation interpret law judicial interpretation considered authoritative judicial proceeding vile although federalists engaged public debate interpretive power debate centered dangers inherent power allocation constitution see letters federal farmer xv complete storing ed arguing interpretive power made judiciary dangerous branch writing brutus one leading argued judges ould confine fixed established rules ould determine according appears reason spirit constitution essays brutus federalists rejected arguments assuring public judges guided strict rules precedents serve define point duty every particular case comes federalist hamilton rules included principles interpretation set jurists centuries see von pufendorf de officio hominis et civis juxta legem naturalem libri duo moore transl see also blackstone commentaries laws england one key elements federalists arguments support allocation power make binding interpretations law article iii judges exercise independent judgment although judicial independence often discussed terms independence external threats framers understood concept also require independence internal threat human hamburger law judicial duty see also federalist hamilton judiciary may truly said neither force merely judgment independent judgment required judges decide cases accordance law land accordance pressures placed upon either internal external sources internal sources might include personal biases external sources might include pressure political branches public interested parties see hamburger supra framers made several key decisions convention pressures mind example rejected proposals include federal council revision several participants convention expressed concern judicial involvement council foster internal biases rufus king maryland example asserted judges able expound law come free bias participated formation records federal convention alexander hamilton repeated concerns federalist arguing judges interpreters law might receive improper bias given previous opinion revisionary capacities induced embark far political views executive much association federalist see also hamburger supra framers also created structural protections constitution free judges external influences provided example judges hold offices good behaviour receive compensation shall diminished continuance office art iii hamilton noted unequivocal language shown necessary experience similar state constitutional protections judges sufficiently definite preclude legislative evasions separation judicial power federalist power man subsistence amounts power argued article iii structural protections help ensure judges fulfilled constitutional role ibid emphasis deleted framers made opposite choice legislators executive instead insulating external pressures constitution tied pressures provided election members house representatives every two years art cl selection members senate every six years art cl also provided president subject election every four years art ii cl president thus directly dependent people since one president responsible people know blame see morrison olson scalia dissenting preserve accountability held executive officers must subject removal president ensure accountability within executive branch see free enterprise fund public company accounting oversight see also morrison supra opinion scalia us determine never presumed determine much purely executive powers government must within full control president constitution prescribes given structural distinctions branches surprise judicial interpretations definitive cases controversies courts courts act intermediate body people legislature order among things keep latter within limits assigned authority federalist hamilton legislature executive may swayed popular sentiment abandon strictures constitution rules law judiciary insulated internal external sources bias duty bound exercise independent judgment applying law interpreting agency regulations calls exercise independent judgment substantive regulations force effect law see mead agencies private parties alike use regulations proceedings regulated parties see christopher smithkline beecham slip private party relying department labor regulations fcc fox television stations slip agency issuing notices liability regulations critical judges exercise independent judgment applying statutes critical judges exercise independent judgment determining regulation properly covers conduct regulated parties defining legal meaning regulation one aspect determination seminole rock deference however precludes judges independently determining meaning rather judges applying recognized tools interpretation determine best meaning regulation doctrine demands courts accord controlling weight agency interpretation regulation subject narrow exception interpretations plainly erroneous inconsistent regulation deference amounts transfer judge exercise interpretive judgment agency see johnson dictionary english language ed defining efer leave another judgment agency part executive branch lacks structural protections independent judgment adopted framers including life tenure salary protections article iii agency thus properly constituted exercise judicial power constitution transfer interpretive judgment raises serious concerns seminole rock constitutionally questionable additional reason undermines judicial check political branches unlike legislative executive branches possesses several political checks judiciary one primary check excesses political branches check enforcement rule law exercise judicial power judges long recognized responsibility apply law even conceive check political power century example king james sought pressure chief justice coke affirm lawfulness efforts raise revenue without participation parliament hamburger law judicial duty coke sought time confer fellow jurists make advised answer according law reason case proclamations eng king representative lord chancellor ellesmere responded advise judges maintain power prerogative king suggested cases authority precedent judiciary leave king order according wisdom ibid coke famously responded king change part common law create offence proclamation offence without parliament ibid james later attempted coke declared proclamations law reason void hamburger supra framers expected article iii judges engage similar efforts applying law check excesses legislative executive branches see elliot debates several conventions adoption federal constitution marshall government make law warranted powers enumerated considered judges infringement constitution guard declare void see also vile framers contemplated constitution rule government courts well legislature marbury madison cranch thus case involved conflict law constitution judges duty adhere latter disregard former federalist hamilton see also marbury cranch similarly case involved executive effort extend law beyond meaning judges duty adhere law properly promulgated constitution cf considering scope president constitutional power appointment said long ago particular phraseology constitution confirms strengthens principle supposed essential written constitutions law repugnant constitution void courts well departments bound instrument article iii judges opt exercising check long recognized judiciary responsibility decide cases properly even gladly avoid zivotofsky clinton slip quoting cohens virginia wheat responsibility applies constitutional challenges particular statutes see shelby county holder slip including based separation powers free enterprise fund also routine questions best interpretation statutes see whitfield slip compatibility agency actions enabling statutes utility air regulatory group epa slip case judiciary called upon exercise independent judgment apply law consistently exercised judicial check respect administrative agencies even though regulated parties repeatedly challenged agency interpretations inconsistent existing regulations repeatedly declined exercise independent judgment claims instead deferred executive agency promulgated regulations enforced although agency interpretation regulation might best interpretation also might courts refuse even decide best interpretation law abandon judicial check abandonment permits precisely accumulation governmental powers framers warned see federalist madison accumulation governmental powers allows agencies change meaning regulations discretion without advance notice parties precisely problem appeals circuit attempted address requiring agencies undertake notice comment procedures substantially revising definitive interpretations regulations paralyzed veterans supra though legally erroneous appeals reasoning practically sound courts give controlling weight administrative interpretation regulation instead best interpretation effectively give interpretation regulation force effect law regulated parties new interpretation might well new regulation cases provide classic example problem fair labor standards act establishes federal minimum wage overtime requirements exempts requirements employee engaged bona fide executive administrative professional capacity capacity outside salesman terms defined delimited time time regulations secretary department labor accordingly promulgated regulations providing employee whose primary duty selling financial products qualify administrative exemption cfr unsure whether certain officers qualified employees whose primary duty selling financial products mortgage bankers association asked department labor advice department concluded officers employees whose primary duty selling financial products department reversed course concluding exactly opposite courts accord controlling weight interpretations regulated entities subject two opposite legal rules imposed regulation practice turns head principle government laws men marbury supra regulations provide notice regulated parties limited sense meaning ultimately determined agencies rather strict rules precedents alexander hamilton iii although offered theoretical justification seminole rock deference announcing several justifications proposed since none persuasive probably justification seminole rock deference agency expertise administering technical statutory schemes justification deference administrative agencies necessary regulation concerns complex highly technical regulatory program identification classification relevant necessarily require significant expertise entail exercise judgment grounded policy concerns thomas jefferson defense seminole rock deference misidentifies relevant inquiry proper question faced courts interpreting regulation best policy choice might regulation means concluded substantive agency regulations effect law chrysler brown regulations interpreted like law thus assum ordinary meaning regulation language expresses purpose enforce according terms see hardt reliance standard life ins internal quotation marks omitted judges least well suited administrative agencies engage task cf marbury cranch emphatically province duty judicial department say law indeed judges frequently called upon interpret meaning legal texts able even texts involve technical language see barber gonzales interpreting deportation statute according technical meaning fundamentally argument agency expertise less expertise agencies interpreting language wisdom according agencies broad flexibility administer statutory policy arguments supporting even useful inventions subject demands constitution defines powers sets powers exercised ins chadha even face perceived necessity constitution protects us new york another justification seminole rock deference agencies better situated define original intent behind regulations see martin occupational safety health review justification ecause secretary labor promulgates th standards secretary better position reconstruct purpose regulations question justification rings hollow afforded seminole rock deference agency interpretations even agency original drafter see pauley applying seminole rock deference one agency interpretation another agency regulations congress delegated authority administer program likewise granted seminole rock deference agency interpretations inconsistent interpretations adopted closer time promulgation regulations see long island care home even scope seminole rock deference closely matched justification still fail text regulations force effect law agency intent citizens arrange affairs basis legislators unexpressed intent basis law written promulgated zuni public school dist department education scalia dissenting cf wyeth levine thomas concurring judgment noting federal standards set forth necessarily follow statutory text produced constitutionally required bicameral presentment procedures congress purposes objectives become law land governed legislated text rather legislators intentions means government laws men zuni public school dist supra scalia dissenting text regulation goes procedures established congress agency rulemaking text public entitled rely reasons accord controlling weight postenactment expressions intent individual members congress see sullivan finkelstein scalia concurring part accord controlling weight expressions intent administrators agencies third asserted justification seminole rock deference congress delegated agencies authority interpret regulations see martin theory ecause applying agency regulation complex changing circumstances calls upon agency unique expertise policymaking prerogatives power authoritatively interpret regulations component agency delegated lawmaking powers ibid justification fails congress lacks authority delegate power explained analogous context structure constitution permit congress execute laws follows congress grant officer control possess bowsher synar similarly constitution empower congress issue judicially binding interpretation constitution laws lacking power delegate power agency hold otherwise vitiate separation powers ignore sense sharp necessity separate legislative judicial power triumphed among framers new federal constitution plaut spendthrift farm explained essential balance constitution legislature possessed power rules duties rights every citizen regulated power interpretation laws proper peculiar province courts citation omitted third brackets added although constitution imposes duty three branches interpret laws within spheres power create legally binding interpretations rests judiciary see marbury cranch final proposed justification seminole rock deference much oversight administrative matters imperil independence esteem judges see charles evans hughes speech elmira chamber commerce may addresses charles evans hughes ed argument goes questions administration lie close public impatience thus courts resolution questions expose fire public criticism argument boils policy judgment questionable validity vitiate constitutional allocation powers judicial branch separate political branches reason obligation apply law cases controversies come concerns popular esteem individual judges even judiciary whole place analysis system government long survive absent adherence written constitution formed although surface cases require straightforward application apa closer scrutiny reveals serious constitutional questions lurking beneath acknowledge importance stare decisis stability nation legal system stare decisis duty judges decide best lights constitution means mcdonald chicago thomas concurring part concurring judgment citation omitted best lights entire line precedent beginning seminole rock raises serious constitutional questions reconsidered appropriate case footnotes together nickols et al mortgage bankers association also certiorari footnotes latter common phrasing today one use throughout opinion buck henry nickols petitioners respondents mba challenge aspect district decision appeal mba alternatively suggests interpretive rules force law agency interpretation regulations may entitled deference auer robbins bowles seminole rock sand even cases agency interpretation receives auer deference however ultimately decides whether given regulation means agency says moreover auer deference inexorable command cases see christopher smithkline beecham slip auer deference inappropriate agency interpretation plainly erroneous inconsistent regulation reason suspect agency interpretation reflect agency fair considered judgment internal quotation marks omitted thomas jefferson univ shalala agency interpretation regulation conflicts prior interpretation entitled considerably less deference consistently held agency view internal quotation marks omitted acknowledged argument even situations statute contain provision similar one included flsa agency ability pursue enforcement actions regulated entities conduct conformance prior agency interpretations may limited principles retroactivity see tr oral arg occasion consider principles might apply footnotes although appeared treat agency deference regimes precedents entitled stare decisis effect scholars noted might instead classified interpretive tools see nelson statutory interpretation tools might entitled effect resolution issue necessary conclusion leave another day also twice expressly found seminole rock deference inapplicable reasons christopher smithkline beecham slip agency announcement interpretation preceded lengthy period conspicuous inaction potential unfair surprise acute hatever general merits auer deference unwarranted gonzales oregon view auer standard deference accords agency inapplicable language interpretive rule addresses comes congress attorney general near equivalence statute regulation belies government argument auer deference occasionally members argued separate writings failed appropriately apply seminole rock deference none cases majority opinions expressly refuse see ballard commissioner allentown mack sales service nlrb director office workers compensation programs greenwich collieries swank peters hobby practices time perhaps best summarized following commentary contemporaneous magazine many legal infractions sacred right many public invasions private property many wanton abuses legislative powers giles hickory noah webster government american magazine mar cases also raise constitutional questions distinction administrative law substantive legislative interpretative rules appeals circuit defined legislative rule agency action purports impose legally binding obligations prohibitions regulated parties interpretative rule agency action merely interprets prior statute regulation purport impose new obligations prohibitions requirements regulated parties national mining assn mccarthy precedents make clear administrative agencies must exercise executive power promulgating rules arlington fcc slip easy see promulgation interpretative rules executive function executive officials necessarily interpret laws enforce difficult see authority president impose legally binding obligations prohibitions regulated parties definition suggests something much closer legislative power constitution permit executive exercise manner troubling questions directly implicated leave another case see department transportation association american railroads ante thomas concurring judgment notice problem exacerbated agency departures procedures established rulemaking apa although almost rulemaking today accomplished informal notice comment apa actually contemplated much formal process rulemaking end provided elaborate hearings proponents particular rules introduce evidence bear burden proof support proposed rules see today however formal rulemaking yeti administrative law isolated sightings ratemaking context elsewhere proves elusive somewhat ironic adamantly insist agencies subject greater procedures required apa adamant requiring agencies comply even baseline procedures see florida east coast concluding apa formal procedures apply hen rules required statute made record opportunity agency hearing triggered statute permitted agency engage rulemaking many decisions invoke agency expertise justification deference argument root support administrative agencies developed progressive era country era marked move individualism long characterized american society concept society organized collective action see link woodrow wilson progressive era move also reflected deep disdain theory popular sovereignty woodrow wilson wrote attained presidency peculiar american difficulty organizing administration danger losing liberty danger able willing separate essentials accidents success made doubtful besetting error error trying much vote wilson study administration pol sci president wilson view public criticism beneficial formation overall policy clumsy nuisance daily life government rustic handling delicate machinery reflecting belief bureaucrats might effectively govern country american people progressives ushered significant expansions administrative state ultimately culminating new deal see generally keller regulating new economy public policy economic change america