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The Supreme Court And The Future Of Expert Preventive Recommendations

The Supreme Court is reconsidering the Chevron deference precedent, which allows agencies to interpret laws, while the Fifth Circuit is reviewing the Affordable Care Act's delegation of authority for preventive care coverage, both decisions potentially reshaping the regulatory landscape. Click here for article.

  • Chevron Deference: Established in 1984, Chevron deference mandates courts to defer to agency interpretations of ambiguous statutes; its potential overturning could shift significant regulatory power back to the courts.

  • Braidwood v. Becerra: This case challenges the ACA’s delegation of authority to the US Preventive Services Task Force, questioning its constitutionality under the Appointments Clause and potentially undermining preventive care mandates.

  • Non-Delegation Doctrine: The revival of this doctrine could restrict Congress's ability to delegate regulatory power to agencies, impacting the future of various regulatory schemes including health care.

  • Judicial Philosophies: Justices Gorsuch and Scalia exhibit contrasting views on the role of experts in regulatory decisions, reflecting broader judicial debates on the balance between legislative precision and administrative flexibility.

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