 In that circumstance, it's going to be completely up to the court to decide with no deference given to the agency's own interpretation of its authority. Talking to William Jacobson, Cornell Law Professor from LegalInsurrection.com. You and I had not discussed this, and yet I saw it via social media. I follow, of course, Legal Insurrection, LEG Insurrection on X, and you personally, W.A. Jacobson.