Chevron ruling may hinder drug development, experts say

Becker's Healthcare July 1, 2024
Erica Carbajal

Former FDA attorneys say the Supreme Court’s recent decision to overturn Chevron deference, a decades-old legal precedent, could stall the development of new drugs and medical devices, Politico reported July 1.

On June 28, the Supreme Court voted 6-3 to repeal the doctrine that has been in place since 1984. The Chevron deference stipulated that when disputes arise over vague or ambiguous laws, judges should defer to federal agencies like CMS and the FDA for interpretations, so long as the interpretation is reasonable. The overturning essentially removes the automatic deference previously given to federal agencies, meaning courts will interpret statutes themselves when disputes arise.

Under the ruling, the FDA’s decision-making process may come under greater scrutiny, former officials...

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