Post-Chevron Legal Battles: Three Key Cases to Watch
Healthcare policy and regulation attorney John Vaughan was quoted in a BioSpace article analyzing how the U.S. Supreme Court's overturning of Chevron deference is shifting regulatory power away from agencies including the U.S. Food and Drug Administration (FDA) and toward the courts. Mr. Vaughan explained that this new legal landscape makes it much easier to challenge agency actions, as courts can now play a more direct role in interpreting ambiguous statutes rather than deferring to agency expertise. The article highlighted recent legal battles, such as the striking down of the FDA's lab-developed tests rule, and predicted increased judicial scrutiny of federal agency regulations moving forward.
"This is the first significant decision that uses Loper Bright to come to a determination that is probably different than a court would have reached under the Chevron deference. I think this is the first real-time that you've seen the FDA's authority challenged under this new paradigm," Mr. Vaughan said.