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NONACQNonacquiescence (IRB)
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If the Secretary chose nonacquiescence and did not to amend the regulation, then the result would have been an increase in litigation from hospitals across the country seeking to apply for reclassification as urban after having received a reclassification to rural in the same year, but being barred from doing so by the Reclassification Rule.
intercircuit nonacquiescence policies underscores agencies'
Intercircuit nonacquiescence occurs when the court that ordinarily reviews the agency's action has not addressed a question, but a sister circuit has, and the federal agency refuses to acquiesce to the sister circuit's precedent.
State-court nonacquiescence will likely prove futile, even if constitutionally permissible.
107, 109 (2008) (describing how the nation's demanding need for limited water resources prompts the use of water transfers as a device to reallocate waters); Kevin Haskins, Note, A "Delicate Balance": How Agency Nonacquiescence and the EPA's Water Transfer Rule Dilute the Clean Water Act After Catskill Mountains Chapter of Trout Unlimited, Inc.
1985) 'Administrative nonacquiescence in judicial decisions', George Washington Law Review, 53 (1-2), 147-67.
Nonacquiescence doesn't mean the IRS will appeal the case; instead, it serves as a warning that the IRS will not follow the Tax Court's ruling in other situations.
The IRS also in 1976, in anticipation of litigation in a similar case involving wholesale liquor, renewed its nonacquiescence to Pittsburgh Milk.
That type of nonacquiescence would place a president above the Court, render the judicial power a nullity, and ultimately cast doubt upon the very foundation of democratic government: namely, the rule of law.
Colby, Two Views on the Legitimacy of Nonacquiescence in Judicial Opinions, 61 TUL.