In Loper Bright Enterprises v. Raimondo, the U.S. Supreme Court recently overruled Chevron v. Natural Resources Defense Council, or Chevron doctrine, which required courts to defer to federal agencies’ reasonable constructions of ambiguous statutes.
In Modern Healthcare and Pink Sheet articles, health care litigation partner Stephanie Webster explained that the court’s decision left no uncertainty as to where Chevron doctrine stands, it was overturned. She said that all agencies, including the U.S. Food and Drug Administration, will be more focused on litigation prospects as they make decisions.
“While government views will be informative to the court, the court has made clear that even under its new decision it’s still going to consider the agency views on matters, it’s going to be more difficult for the government to prevail in actions challenging its decision-making.” “And when agencies do issue regulations, they will probably be more reserved and stay as close to the statutory language as possible,” said Stephanie.
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