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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!