PEREZ v. MORTGAGE BANKERS ASS'N

Nos. 13-1041, 13-1052.

135 S.Ct. 1199 (2015)

Thomas E. PEREZ, Secretary of Labor, et al., Petitioners v. MORTGAGE BANKERS ASSOCIATION et al. Jerome Nickols, et al., Petitioners v. Mortgage Bankers Association.

Supreme Court of United States.

Decided March 9, 2015.


Attorney(s) appearing for the Case

Edwin S. Kneedler , Washington, DC, for Petitioners.

Allyson N. Ho, Dallas , TX, for Respondents.

Donald B. Verrilli, Jr. , Solicitor General, Counsel of Record, Department of Justice, Washington, DC, for Petitioners.

Sam S. Shaulson , Morgan, Lewis & Bockius LLP, New York, NY, Michael W. Steinberg , Morgan, Lewis & Bockius LLP, Washington, DC, Allyson N. Ho , Counsel of Record, John C. Sullivan , Morgan, Lewis & Bockius LLP, Dallas, TX, for Respondent Mortgage Bankers Association.

M. Patricia Smith , Solicitor of Labor, Jennifer S. Brand , Associate Solicitor, Paul L. Frieden , Counsel for Appellate Litigation, Rachel Goldberg , Senior Attorney, U.S. Department of Labor, Washington, DC, Donald B. Verrilli, Jr. , Solicitor General, Counsel of Record, Stuart F. Delery , Assistant Attorney General, Edwin S. Kneedler , Deputy Solicitor General, Anthony A. Yang , Assistant to the Solicitor General, Douglas N. Letter , Anthony J. Steinmeyer , Attorneys, Department of Justice, Washington, DC, for Federal Petitioners.

Adam W. Hansen , Counsel of Record, Nichols Kaster, LLP, San Francisco, CA, Paul J. Lukas , Rachhana T. Srey , Nichols Kaster, PLLP, Minneapolis, MN, Sundeep Hora , Alderman, Devorsetz & Hora PLLC, Washington, DC, for Petitioners.

SOTOMAYOR, J., delivered the opinion of the Court, in which ROBERTS, C.J., and KENNEDY, GINSBURG, BREYER, and KAGAN, JJ., joined, and in which ALITO, J., joined except for Part III-B. ALITO, J., filed an opinion concurring in part and concurring in the judgment. SCALIA, J., and THOMAS, J., filed opinions concurring in the judgment.


When a federal administrative agency first issues a rule interpreting one of its regulations, it is generally not required to follow the notice-and-comment rulemaking procedures of the Administrative Procedure Act (APA or Act). See 5 U.S.C. § 553(b)(A). The United States Court of Appeals...

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