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Petition of the day

The petition of the day is:


Issue: (1) Whether this Court should retain the Auer v. Robbins doctrine despite the objections of multiple Justices who have recently urged that it be reconsidered and overruled; (2) whether, if Auer is retained, deference should extend to an unpublished agency letter that, among other things, does not carry the force of law and was adopted in the context of the very dispute in which deference is sought; and (3) whether, with or without deference to the agency, the Department of Education’s specific interpretation of Title IX and 34 C.F.R. § 106.33, which provides that a funding recipient providing sex-separated facilities must “generally treat transgender students consistent with their gender identity,” should be given effect.

Recommended Citation: Kate Howard, Petition of the day, SCOTUSblog (Sep. 9, 2016, 11:11 PM),