Forum
U.S. Supreme Court
Case Status
Decided
Docket Number
Term
Cert. Denied
Lower Court Opinion
Questions Presented
Whether Bowles v. Seminole Rock & Sand Co., 325 U.S. 410 (1945), and Auer v. Robbins, 519 U.S. 452 (1997), should be overruled.
Case Updates
Cert. petition denied
March 19, 2018
Justice Thomas, joined by Justice Gorsuch, dissented from the denial of cert.
U.S. Chamber urges Supreme Court to review deference in government contract disputes
September 11, 2017
The Chamber’s amicus brief urges the Supreme Court to grant certiorari to overrule Seminole Rock and Auer deference, either in its entirety or, at a minimum, in government contracts disputes.
Mark W. Mosier and Kathryn Cahoy of Covington & Burling LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.
Case Documents
- Opinion of Federal Circuit -- Garco Construction, Inc., v. Secretary of the Army (Federal Circuit).pdf
- Cert. Petition -- Garco Construction, Inc., v. Secretary of the Army (U.S. Supreme Court).pdf
- U.S. Chamber Amicus Brief -- Garco Construction, Inc., v. Secretary of the Army (U.S. Supreme Court).pdf
- Dissent from Cert. Denial -- Garco Construction, Inc., v. Secretary of the Army (U.S. Supreme Court).pdf