Rao Speaks at ABA's Annual Administrative Law Institute
Professor Neomi Rao participated in a panel discussion at the ABA's 11th Annual Administrative Law & Regulatory Practice Institute held on April 30, 2015 at the Walter E. Washington Convention Center in Washington, DC. The topic of the panel was Perez v. Mortgage Bankers: The Justices Answer One Question but Ask Another. On March 9, 2015, the US Supreme Court handed down a unanimous decision in Perez v. Mortgage Bankers Association holding that an interpretive rule need not go through notice and comment — even when the rule makes a "significant" change to the agency's prior, "definitive" interpretation. However, several Justices raised questions about the amount of deference that agencies should receive in interpreting their own regulations. The panel discussed what Perez bodes for the future, both in terms of procedure, and in terms of deference.