Amicus Curiae Brief of Administrative Law Scholars in Support of the Petitions Mortgage Bankers Association v. Harris

Abstract

In Mortgage Bankers Association v. Harris, the D.C. Circuit held that an agency can not change an interpretation of one of its rules without engaging in notice and comment rulemaking. In this amicus brief filed on behalf of 72 professors of administrative law, Professors Pierce, Morrison, and Glicksman argue that the Supreme Court should grant cert. in the case and reverse the D.C. Circuit.