Antonio Pacheco v. Sloan D. Gibson

We agree with Part II.B and Part II.C of the majority opinion. We also agree with the majority’s conclusion that the language of § 3.157 is not clear with respect to the issue presented in this case. Ante at 25-26 We respectfully dissent, however, from the majority’s conclusion in Part II.A that the Court must defer to the Secretary’s regulatory interpretation. Because the agency interpretation in this case overlooks and fails to provide a reasonable interpretation of the regulation’s language, does not represent the Secretary’s considered view, and does not resolve the patent ambiguity in…