Health Regulators Likely To Tread Carefully Post-Chevron

Lexology July 16, 2024
Morgan, Lewis & Bockius LLP

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Health Regulators Likely To Tread Carefully Post-Chevron

By Theresa Schliep

Law360 (June 28, 2024, 9:37 PM EDT) — The demise of Chevron deference at the U.S. Supreme Court on Friday will likely encourage or fortify challenges to agency rulemaking on matters of health policy in the U.S., from Medicare reimbursement decisions to FDA rules on laboratory-developed tests.

The decision, representing a historic shift in power from regulators to the courts, also risks making the agencies that oversee health and medicine more cautious, potentially slowing action during public health emergencies and...

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