From oral argument in Association for Molecular Pathology v. Myriad Genetics, Inc.:
JUSTICE ALITO: Well, the issue here is a very difficult one. It’s one on which the Government has changed its position; isn’t that correct?
…. [much later]
JUSTICE GINSBURG: Even though — even though the Government has disavowed it [referring to the PTO’s Utility guidelines], even though the Government, representing the United States -
MR. CASTANIAS: Even so, and — and the reason for that is -
JUSTICE GINSBURG: At least that the strength of the presumption [of deference] would be diluted
This continues a trend of the Justices noting changed positions by the current administration.