Opinion analysis: The Court slays the D.C. Circuit’sParalyzed Veterans doctrine, leaving bigger issues for another day

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Opinion analysis: The Court slays the D.C. Circuit’sParalyzed Veterans doctrine, leaving bigger issues for another day

By Brian Wolfman and Bradley Girard on Mar 10, 2015 at 9:22 am

The D.C. Circuit’s Paralyzed Veterans doctrine – which required federal agencies to engage in notice-and-comment rulemaking when they substantially altered an “interpretive” rule – is dead, the Supreme Court held yesterday. The decision in Perez v. Mortgage Bankers Association (consolidated with Nickols v. Mortgage Bankers Association), freed federal agencies from a judge-made rule that the federal government has long disliked and that virtually all administrative-law scholars believed was legally flawed. The Court’s rejection of the Paralyzed Veterans doctrine was unanimous, though, as we shall see, separate concurrences from Justices Scalia and Thomas promise fireworks to come.Continue reading »