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Wednesday, December 12, 2018
The case was brought about by Marine James Kiso who served in the Vietnam War. He sought benefits for Post Traumatic Stress Disorder. The Department of Veterans Affairs in 2006 agreed that Kiso did, in fact, have PTSD. The VA refused to provide Kiso with backpay for benefits dating back to 1983, when he initially filed his claim.
From SCOTUS Blog:
The VA’s denial in Kisor’s case hinged on its interpretation of the term “relevant” in one of its regulations. On appeal, the U.S. Court of Appeals for the Federal Circuit ruled for the VA. The court of appeals acknowledged that the regulation was ambiguous, but it followed the Supreme Court’s cases – Auer v. Robbins and Bowles v. Seminole Rock & Sand Co. – instructing courts to defer to an agency’s interpretation of its own regulation unless the interpretation is plainly wrong or inconsistent with the regulation.Multiple amicus curiae briefs were filed in this case.
The Center for Constitutional Jurisprudence, an arm of the Claremont Institute, argued about the dangers of an agency interpreting their own regulations:
Granting deference to the agency to interpret its own ambiguous regulation cedes the judicial function to the Executive. This is an invitation to agencies to avoid the expense and bother of rulemaking proceedings when it wants to change its policy. Instead of going through the process to allow public participation and judicial review of the change, it can instead merely change how it interprets its existing regulations.
France: Strasbourg Christmas market jihad mass murderer is Muslim named Cherif Chekatt
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By Robert Spencer / Jihad Watch
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Developing now, Wednesday, Dec. 12, 2018
- Neither President Trump nor Democrats are backing down after Trump threatened to shut down the government over border security funding in an on-camera clash with Dem leaders Chuck Schumer and Nancy Pelosi
- Former Trump attorney Michael Cohen will be sentenced Wednesday for tax evasion, making illegal hush-money payments and lying to Congress about Trump's business dealings
- Attorneys for former Trump National Security Adviser Michael Flynn have asked that he receive probation and community service for lying to federal investigators in the Russia probe
- Google CEO Sundar Pichai said the company has no plans launch a project in China and fired back at allegations of anti-conservative bias in a House hearing on Tuesday
- Five people have been arrested in connection with a manhunt for gunman who killed three people and wounded 11 in Strasbourg, France on Tuesday. The suspected gunman was still on the run.
- A magnitude 4.4 earthquake rocked Tennessee early Wednesday, and it could be felt in Atlanta, according to the U.S. Geological Survey
- TUNE IN: FOX News will have two must-see interviews Wednesday - Secretary of State Mike Pompeo talks to 'FOX & Friends' in the morning and first lady Melania Trump will sit down with Sean Hannity for an exclusive interview at 9 p.m. ET