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Ex. LAW-009 Legal authority Primary source read

Skidmore v. Swift & Co., 323 U.S. 134 (1944)

Skidmore v. Swift & Co., 323 U.S. 134 (1944)

Supreme Court of the United States (Legal authority)

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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.