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" ... The due process critique refutes another aspect of Kagan’s opinion. “The deference doctrine we describe is potent in its place but cabined in its scope,” she said. Is it really cabined though? As Justice Gorsuch pointed out, “the doctrine matters only when a court would conclude that the agency’s interpretation is not the best or fairest reading of the regulation.” Then, under Auer, a court must go along with the agency’s interpretation anyway. ... "