Loper Bright And The Death Of Deference In The Administration Of Health Policy

Health Affairs July 18, 2024
Wendy E. Parmet

The safe, equitable, and efficient operation of the US health care system and the protection of the public’s health depends in large measure on the work of federal health agencies, including the Centers for Medicare and Medicaid Services (CMS), the Environmental Protection Agency (EPA), the Occupational Safety and Health Administration (OSHA), the Food and Drug Administration (FDA), and the Centers for Disease Control and Prevention (CDC). Defanging those agencies to loosen the regulatory burden on industry has long been the holy grail of the conservative legal movement.

Last month, in Loper Bright Enterprises v. Raimondo, that movement came one significant step closer to achieving its goal. The Supreme Court, by a 6-3 vote along partisan lines, overruled its 1984 decision...

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