THE SUPREME COURT REVERSALS DEFERENCE OVER TURNED, FISHER J6 DEFENDENTS OVERTURNED
Note: Will need to do some moar research but this is massive, context below.
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Supreme court chevron deference overturned
The Supreme Court is likely to discard or modify the Chevron doctrine, a 40-year-old precedent that gives deference to federal agencies’ interpretations of ambiguous statutes. This decision could have significant implications for various industries, including healthcare, life sciences, and environmental regulation.
Background
The Chevron doctrine was established in the 1984 case Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. It states that when a statute is ambiguous, courts should defer to the reasonable interpretation of the agency responsible for implementing the statute, as long as the agency’s interpretation is based on a permissible construction of the statute.
Potential Outcomes
The Supreme Court has several options to consider:
Discard Chevron: Eliminate the doctrine altogether, reverting to the rule set forth in Skidmore v. Swift & Co. (1944), which credits an agency’s interpretation of a statute only as the interpretation has power to persuade.
Modify Chevron: Limit its applicability, such as by raising the bar for what qualifies as an ambiguous statute or strengthening the requirements for Chevron deference.
Keep Chevron Intact: Leave the doctrine unchanged, deferring to agencies’ reasonable interpretations of ambiguous statutes.
Implications
If the Supreme Court discards or modifies Chevron, it could lead to:
Increased judicial review: Courts may be more likely to review and potentially overturn agency decisions, potentially leading to more litigation and uncertainty.
Shift in regulatory power: Agencies may lose their authority to interpret ambiguous statutes, potentially leading to a shift in power from agencies to courts.
Uncertainty and disruption: The potential for increased litigation and regulatory changes could lead to uncertainty and disruption in industries that rely on agency interpretations.
Potential for new approaches: The Supreme Court may establish new standards for judicial review, potentially leading to a more nuanced approach to agency decision-making.
Industry-specific Impacts
Healthcare: The potential impact on healthcare could be significant, as agencies like the Centers for Medicare and Medicaid Services (CMS) and the Food and Drug Administration (FDA) rely heavily on Chevron deference.
Life Sciences: The life sciences industry may face increased uncertainty and regulatory challenges, particularly in areas like drug approvals and clinical trials.
Environmental Regulation: The Environmental Protection Agency (EPA) and other environmental agencies may face increased scrutiny and potential changes to their regulatory approaches.
Conclusion
The Supreme Court’s potential decision to discard or modify Chevron deference has significant implications for various industries and the regulatory landscape. While the exact outcome is uncertain, it is essential for stakeholders to be aware of the potential impacts and prepare for a potentially more nuanced approach to agency decision-making.