Health Affairs July 19, 2024
During its 2024 term, the Supreme Court issued multiple decisions that fundamentally reshape the relationship between the branches of the federal government. Much attention has been paid to its decision in two consolidated cases, Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce (collectively “Loper”), in which the Supreme Court effectively declared “Chevron deference” dead. Chevron deference was a doctrine that for decades guided how courts evaluate the validity of federal regulations by requiring that courts defer to agency decisions in certain circumstances.
Loper is a culmination of the Court’s hostility to administrative agencies; this hostility was already manifest in its COVID-era decisions to strike down the eviction moratorium promulgated by the Centers for Disease Control and Prevention...
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