The COVID Project
The record
- Level
- Legal authority
- Authority
- Skidmore v. Swift & Co., 323 U.S. 134 (1944)
- Issued
- 1944-12-04 Dec. 4, 1944
- In force
- Dec. 4, 1944 (no end date recorded; counted as in force for 120 days)
- Character
- case
Operative words
The weight of such a judgment in a particular case will depend upon the thoroughness evident in its consideration, the validity of its reasoning, its consistency with earlier and later pronouncements, and all those factors which give it power to persuade, if lacking power to control. (Skidmore at 140)... We therefore apply Skidmore deference here. The weight given to an agency's interpretation under Skidmore depends on the thoroughness, consistency, and persuasiveness of the decision itself. (Lemus-Escobar, amended slip op. at 28)
Notes
The consistency factor is the sting: the Service's Q&A-11 'facts and circumstances' rule, the United States' 'safe harbor' representations in two federal courts, and the Service's application of the 10 percent figure as a floor in examinations (Opening Br. at 11-13, 43-46) are three inconsistent pronouncements.