Bulletin

Volume 43

Bulletin

Healthcare Law in the First Year After Loper Bright

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In Loper Bright Enterprises v. Raimondo, the Supreme Court overturned the highly deferential Chevron standard, which instructed courts to defer to agency interpretations of the statutes they administer, including on complex scientific or technical questions arising therein. Loper Bright overruled that forty-year-old landmark case, leading commentators to predict a rush of litigation challenging health-related regulations […]

Bulletin

Does Loper Bright Apply to the Clean Air Act?

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In Loper Bright Enterprises v. Raimondo, the Supreme Court renounced the principle that courts should defer to agencies’ reasonable resolutions of ambiguities in the statutes they administer in unqualified terms. In concluding that Chevron deference was and always had been unlawful, the Court relied on section 706 of the Administrative Procedure Act of 1946 (APA), […]