Supreme Court Rulings Portend Potential Shakeup of Health Agency Authorities

Healthcare policy advisor Miranda Franco and litigation attorney Zachary Lundgren were quoted in a National Journal article about the uncertainty surrounding future healthcare regulations following U.S. Supreme Court decisions issued at the end of its term. One decision – Loper Bright Enterprises v. Raimondo – has received attention for overturning a legal precedent, known as the Chevron doctrine, by which courts gave agency interpretation of a statute deference if the law was ambiguous or silent on an issue. The impacts of this decision will be felt immediately.

"Chevron has had the effect of upholding a lot of administrative actions," said Mr. Lundgren. "Now with Chevron gone, that means that the court will no longer defer to agency interpretations, and courts will apply their own interpretations of statutes."

Ms. Franco commented on what the case could mean for federal agency rulemaking and Congress' approach to drafting legislation.

"What I think this means for a policy environment is a significant change," she shared. "Things are going to be tremendously slowed down now, and I think Congress and both the agencies are going to be much more cautious."

READ: Supreme Court Rulings Portend Potential Shakeup of Health Agency Authorities

Holland & Knight announced the formation of its Chevron Deference Working Team in advance of the U.S. Supreme Court's June 28, 2024, Loper decision, which overturned the Chevron deference doctrine and will lead to a period of regulatory changes and potential legal challenges for some time.