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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