How the Loper Bright Enterprises Case Changes the Game for Healthcare Litigation: Examining the Impact of Supremacy on Agency Deference

In this episode, AGG Healthcare Litigation co-chair Jason Bring and partner Brian Stimson explore the topic of agency deference following the Supreme Court’s decision in Loper Bright Enterprises, Inc. v. Raimondo, which overturned Chevron deference. They examine the implications of this ruling on healthcare litigation and the future behavior of government agencies.

Jason and Brian discuss how the Supreme Court’s decision signals a shift in authority from the Executive Branch back to the courts and the Legislature. This change may have far-reaching effects on the legal landscape, particularly in the healthcare sector. It poses new challenges and opportunities for litigants and regulatory agencies alike.

By examining the aftermath of the Loper Bright Enterprises case, Jason and Brian offer insights into the changing dynamics of agency deference and its impact on healthcare litigation. They delve into the implications for regulatory compliance, enforcement actions, and legal strategy in the healthcare industry.

Overall, their discussion sheds light on the evolving relationship between government agencies and the courts, highlighting the need for vigilance and adaptability in navigating a shifting legal environment. It underscores the importance of staying informed and proactive in responding to changes in agency deference and regulatory oversight.

The ruling is likely to lead to more scrutiny of government agencies’ decisions by judges who may be less inclined to defer to them as they once did under Chevron deference. This could result in more frequent court challenges to regulations or enforcement actions taken by agencies such as FDA or CDC.

Additionally, it could also lead to more emphasis on transparency from government agencies as they will be subjected to more scrutiny from both regulators and litigants alike.

It is important for healthcare providers, manufacturers, distributors, payers, insurers, regulators, attorneys