High Court's Right Flank Floats Chevron Deference Overhaul
By Jeff Overley (November 30, 2021, 11:19 PM EST) -- Five conservative justices on the U.S. Supreme Court suggested Tuesday that a multibillion-dollar battle over Medicare drug reimbursement could become a vehicle for clarifying or nullifying so-called Chevron deference, a backbone of federal regulatory power and increasingly high-priority target of corporate America.
The intimations from a majority of the high court's members dominated oral arguments in a case where the American Hospital Association is fighting a $1.6 billion annual cut to payments in a major drug-discount program. The D.C. Circuit upheld the cut by citing Chevron v. Natural Resources Defense Council — a towering Supreme Court precedent that requires judicial deference...
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