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Section 8

Citation
Section 8
Parent Document
Theodore Hayes v. Philip Harvey, 874 F.3d 98 (2017)
Effective Date
2017-10-18
Original Source
https://www.courtlistener.com/opinion/4435296/theodore-hayes-v-philip-harvey/ ↗

Other Sections in This Document (260)

Full Text

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Likewise, the Suprenae Court has instructed that even in the non-binding framework of Skidmore deference, “given the value of uniformity in [an agency’s] administrative and judicial understandings of what a national law requires,” courts should defer to agencies where a failure to defer risks fracturing an otherwise uniform scheme. Mead, 533 U.S. at 234, 121 S.Ct. 2164. Section 8 is just such a national program, and the costs of disuniformity are high. See Butler Cty. Mem’l Hosp. v. Heckler, 780 F.2d 352, 357 (3d Cir. 1985) (“[P]ublic policy favors consistent, nationwide application of rules in social welfare programs.”). Moreover, the risk of disuni-formity is particularly high here. Another circuit has ruled in favor of HUD’s interpretation, Park Vill. Apartment Tenants Ass’n v. Mortimer Howard Trust, 636 F.3d 1150 (9th Cir. 2011), and HUD has been applying this interpretation in practice for the statute’s full lifetime. The majority is creating disuniformity, not resolving it. Confusion—and perhaps non-acquiescence—is sure to follow. This is another factor militating for deference, one that the majority entirely ignores.