Liberal justices invoke FDA law to argue for preserving deference to federal agencies

Following oral arguments Wednesday, the Supreme Court seems poised to issue a ruling that will curtail the power of federal agencies, including FDA, to interpret laws. A majority of the justices expressed sympathy with the idea that the courts, rather than federal agencies, should be empowered to interpret ambiguous laws. 

Attorneys specializing in FDA law have expressed concerns that overturning the Chevron doctrine, named after the 1984 Supreme Court ruling that instructed courts to defer to federal agencies, could impede FDA’s ability to function. Writing in the Food and Drug Law Journal, Chad Landmon, chair of the IP and FDA practice groups at Axinn, Veltrop & Harkrider, and colleagues concluded that “if Chevron deference is overturned or curtailed by the Supreme Court, FDA’s decisions will come under increasing judicial scrutiny, and the floodgates will be opened to litigation against FDA and other agencies.”           ...