Lexology July 3, 2024
Katten Muchin Rosenman LLP

On June 28, 2024, the U.S. Supreme Court (the “Court”) issued a decision in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce (“Loper Decision”) overturning what is commonly referred to as Chevron deference. The Loper Decision has garnered significant media coverage and commentary from the legal community and politicians, including the Senate’s Minority Leader Mitch McConnell and Majority Leader Chuck Schumer, but what does it mean in practice for those in the health care and life sciences space?

As background, the Chevron deference doctrine was established by the 1984 Court decision in Chevron v. Natural Resources Defense Council. The doctrine, simply put, meant that when a statute was ambiguous, federal courts were generally required to defer...

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