Open the Floodgates: The Potential Impact on Litigation Against FDA if the Supreme Court Reverses or Curtails Chevron Deference

Chad Landmon, Alexander Alfano & Michelle Divelbiss

Abstract

The Supreme Court is drastically shifting, and several Supreme Court precedents may get a fresh look. The focus of this paper is on Chevron deference and what it could mean for FDA-regulated companies if FDA no longer has this powerful weapon in its arsenal. This paper is not an argument for or against Chevron deference, but simply provides an analysis of how certain cases could have turned out and what the future may look like with an even playing field

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