PDA Letter Article

News Brief: SCOTUS Chevron Deference Decision is a Seismic Shift in the Regulatory Landscape

by Walter Morris, PDA, Inc.

The U.S. Supreme Court today ruled invalid the 40-year-old “Chevron Deference” doctrine which gave federal regulatory bodies like the FDA wide latitude to interpret federal statutes.

"Chevron is overruled. Courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority," conservative Chief Justice John Roberts wrote in the ruling (1).

The doctrine was challenged following rules promulgated by the National Marine Fisheries Services requiring domestic fishing vessels to pay for onboard monitors. The plaintiffs in the case argued that the Magnuson-Stevens Act did not grant the Fisheries Service the authority to make such a regulation (2).

Today’s decision will be met with varying public reactions in a politically charged election year. PDA Letter readers can turn to news outlets like the NY Times for live reactions (3). PDA Sr. Advisor David Jaworski published a two-part analysis of the court case on LinkedIn in May to provide context and understanding about the case (4). PDA President/CEO Glenn Wright and Dave Jaworski spoke about the pending decision during PDA Week in Long Beach, Calif. in March (see video above).

Turn back to the PDA Letter for more details on how this unfolding story will impact pharmaceutical regulations.

References

  1. https://www.reuters.com/legal/us-supreme-court-curbs-federal-agency-powers-overturning-1984-precedent-2024-06-28/
  2. https://www.scotusblog.com/2023/03/supreme-court-fishermen-required-to-pay-federal-monitors-should-chevron-be-overruled/
  3. https://www.nytimes.com/live/2024/06/28/us/supreme-court-chevron
  4. What the Legal Challenges on the Future of FDA Regulations Mean: A Two-Part Series