Tag Archives: rule of lenity

Why Don’t We Flip the Presumption of Auer? Towards an Administrative “Rule of Lenity”

I have a very immodest proposal: let’s flip the presumption of Auer deference so that the regulated party, rather than the regulatory agency, gets the benefit of any ambiguity in a regulation? We’ll start here, but it should be noted for the record that the same logic extends to Chevron deference also. Think about it. In contracts, this […]