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Analysis

Wave Of FDA Suits Awaits If Kavanaugh Helps Trim Chevron

Law360 (July 10, 2018, 8:40 PM EDT) -- Numerous legal challenges to U.S. Food and Drug Administration policies are likely if D.C. Circuit Judge Brett Kavanaugh ascends to the U.S. Supreme Court and helps persuade other justices to give less deference to regulators.

The nomination of Judge Kavanaugh shines a spotlight on his distaste for so-called Chevron deference, which requires courts to accept reasonable agency interpretations of ambiguous federal laws. The issue is particularly salient in the context of FDA policy decisions, which often involve complicated statutory language and routinely trigger court fights that...
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