High Court Won't Take Fresh Look At Chevron Deference

Law360 (October 5, 2020, 3:32 PM EDT) -- The U.S. Supreme Court on Monday declined to review a decision upholding reduced Medicaid reimbursement for children's hospitals, turning away a chance to revisit the so-called Chevron deference — the longstanding practice of having judges defer to reasonable agency interpretations of ambiguous statutes.

In a brief order, the high court voted not to scrutinize a D.C. Circuit decision that backed the U.S. Department Health and Human Services' regulation to reduce Medicaid reimbursement for hospitals serving low-income patients, a finding that the hospitals said would have given the justices a chance to "reassess Chevron's increasingly questioned foundations."

Justices Clarence Thomas, Neil Gorsuch and Brett Kavanaugh have...

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