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Perez v. Mortgage Bankers Assn.

Docket No.: 13-1041
Argued: December 1, 2014
Decided: 3/09/15
Consolidated with: 13-1052

Topics:

Administrative Procedure, Article I, EPA, FLSA, Fair Labor Standards Act, Medicare, Natural Resources, separation of powers, stare decisis

PartyNames: Thomas E. Perez, Secretary of Labor, et al. v. Mortgage Bankers Association, et al.
Petitioner: Thomas E. Perez, Secretary of Labor, et al.
Respondent: Mortgage Bankers Association, et al.

Court Below: United States Court of Appeals for the District of Columbia Circuit
Citation: 720 F.3d 966
Supreme Court Docket

Thomas E. Perez, Secretary of Labor, et al.
v.
Mortgage Bankers Association, et al.
Background:

The Administrative Procedure Act (APA), 5 U.S.C. 551 et seq., generally provides that "notice of proposed rule making shall be published in the Federal Register," 5 U.S.C. 553(b), and, if such notice is required, the rulemaking agency must give interested persons an opportunity to submit written comments, 5 U.S.C. 553(c). The APA further provides that its notice-and--comment requirement "does not apply * * * to interpretative rules," unless notice is otherwise required by statute. 5 U.S.C. 553(b) (A). No other statute requires notice in this case.

Question Presented:

Whether a federal agency must engage in notice--and-comment rulemaking before it can significantly alter an interpretive rule that articulates an interpretation of an agency regulation.

Perez v. Mortgage Bankers Assn.
ORAL ARGUMENT

December 1, 2014

Listen to Oral Argument in Perez v. Mortgage Bankers Assn.
Holding: REVERSED
Vote: 9-0
Concurring: Alito,Scalia,Thomas
Opinion By:
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