SCOTUSblog: Perez v. Mortgage Bankers Association; consolidated with Nickols v. Mortgage Bankers Association
Holding: In a 9-0 decision, the Supreme Court ruled that the Paralyzed Veterans doctrine is contrary to the clear text of the APA’s rulemaking provisions and improperly imposes on agencies an obligation beyond the APA’s maximum procedural requirements. 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 APA, and the D.C. Circuit's ruling's createt a judge-made procedural right that was inconsistent with Congress’ standards. The practical impact of this decision is that the Department of Labor's interpretation of the FLSA is not required to undergo notice-and-comment rulemaking.