Drug Pricing, Obamacare Rules Vulnerable After Chevron Ruling

Healthcare attorney Robert Bradner was quoted in a Bloomberg Law article about the potential impact of the U.S. Supreme Court's decision to end the Chevron doctrine on federal oversight of various health policies. The ruling may embolden opponents of regulatory actions by the U.S. Department of Health and Human Services (HHS) and its sub-agencies, particularly in areas such as transgender care, abortion services and drug pricing. Courts have traditionally deferred to the agency's interpretation of complex health laws, but the decision is expected to make it easier for opponents to challenge HHS policies. Mr. Bradner noted that the ruling could significantly affect the regulatory landscape surrounding sensitive healthcare issues.

"The regulatory constructs around abortion, privacy, mifepristone, transgender healthcare that have either arisen as new regulations or ping-pong back and forth, depending on who's in the White House, are not likely to receive deference by the courts under this decision," he said.

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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.