The Supreme Court’s decision in Loper Bright Enters. v. Raimondo and Relentless, Inc. v. Department of Commerce upended 40 years of judicial deference to administrative agencies’ interpretation of the statutes they are tasked with implementing. Almost overnight, much of the regulatory framework that has defined and constrained businesses in the United States has been called into question. Regulated industries (e.g., health care, energy, medical devices, education, banking, etc.) will find both new opportunities and challenges in this shifting landscape. Polsinelli can help your company navigate the uncertainty and assess new opportunities post-Chevron.
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Lilly Challenges US FDA Classification Of Obesity Drug Retatrutide, Citing Chevron Overturn
Chad Landmon, Hatch-Waxman & Biologics Chair, explains why the Lilly lawsuit exemplifies the type of cases expected in the post-Chevron world.
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Read MoreTop Questions Health Care Providers Should Consider in a Post-Chevron World – A Polsinelli Round Table Discussion
Health Care is one of the most regulated industries in the country, and for many years, one of the key administrative agencies overseeing health care in the United States, the Department of Health and Human Services’ (“HHS”) Centers for Medicare & Medicaid Services (“CMS”), has enjoyed broad authority to regulate health care under the “Chevron doctrine.” Under this doctrine, CMS and other federal agencies were granted broad discretion to interpret and implement the law, thus allowing them to drive how care is delivered and paid for in the United States. It was difficult for providers to successfully challenge agency rulemaking in federal court, even if they thought the agency’s interpretation of the law was incorrect. The Supreme Court’s dismantling of Chevron doctrine
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