The Yale Law Journal

Kathryn E. Kovacs

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Pixelating Administrative Common Law in Perez v. Mortgage Bankers Association

Kathryn E. Kovacs

In Perez v. Mortgage Bankers, the Supreme Court struck down a rule of administrative common law on the grounds that it was inconsistent with the Administrative Procedure Act (APA). But instead of simply respecting Congress’s deliberate choices, the Court continues to weigh policy considera…