Legal Definitions - nonacquiescence

Definition: Nonacquiescence refers to an agency's policy of not following lower-court decisions that go against the agency's interpretation of its organic statute. This policy is followed until the Supreme Court has ruled on the issue.

For example, if a lower court makes a decision that goes against an agency's interpretation of its organic statute, the agency may choose not to follow that decision until the Supreme Court has made a ruling on the issue. This is known as nonacquiescence.

However, if an agency uses nonacquiescence too frequently, it can interfere with the courts' ability to prevent the agency from violating its statutory mandate. For instance, the Social SecurityAdministration was criticized in the 1980s for frequently using nonacquiescence in the administration of its disability benefits program.

Overall, nonacquiescence is generally upheld, but it can be questionable when an agency adheres to its legal position in a case that could only be reviewed in a circuit that has already rejected the agency's stance.