Chevron: Gone, But Not Forgotten

ICD10monitor July 17, 2024
John K. Hall, MD, JD, MBA, FCLM, FRCPC

I’ll start with a quote from Yogi Berra, who once said it’s “tough to make predictions, especially about the future.” As I speculated in February, the Chevron Doctrine is finally gone. After 40 years of inconsistent application and multiple revisions, the U.S. Supreme Court has put it to rest – for now.

The decision rests on the majority’s interpretation of the Administrative Procedure Act, or APA, which dates back to 1946. I’ll skip extensive legal analysis, but I recommend you read more on the subject.

Deep in the decision are some key points worth considering. The most important is that the Court is not instructing that agency opinion is worthless, but that it has boundaries. In fact, some agency rules...

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