SCOTUS To Hear Case on Agency “Flip-Flopping” in Perez v. Mortgage Bankers Association

Nov. 18, 2014
By Carson Haddow, Senior Associate

On December 1, 2014, the United States Supreme Court will hear oral arguments in Perez v. Mortgage Bankers Ass’n, a case that presents a hot issue in contemporary administrative law. The Court will address whether an agency must follow notice-and-comment procedure when amending interpretive rules.[1] Its decision could bolster a significant procedural safeguard against what some have labeled agency “flip-flopping.”

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