Roberts court silver lining
The antiregulation bias of the Supreme Court was loudly signaled with the overturn of Chevron deference. Now, the SCOTUS has arrogated to itself the interpretation of technical details for regulation of things they are all incompetent to assess:
““Since Chevron has fallen, agencies are much more cautious in putting forward rules and regulations,” Ramachandran said.
“And while this may be a hindrance to science-based public health rules, it could also act as a brake on any attempt by Kennedy to change how HHS treats vaccines, prescription drugs or other public health measures.
“On vaccines, it would be very difficult, if not impossible, for Kennedy to revoke an authorization for a vaccine. He has said he won’t do that, but if he did, it would trigger a fierce fight within HHS and litigation in the courts.
“He could, alternatively, try to issue new regulations or guidance related to vaccines — whether for future vaccine approval, coverage of vaccines under Medicare and Medicaid, labeling related to alleged vaccine harms, or guidance for medical professionals on vaccine distribution.
“He could say we’re going to revise these regulations now and go through the whole rulemaking process to do that,” Ramachandran said.
“The same goes for regulatory approvals for drugs, including those that Kennedy has said were suppressed by the government — like hydroxychloroquine, ivermectin and psychedelics. He could change what uses these drugs are approved for or grant approval for drugs like the psychedelic MDMA, which was just rejected by the FDA in August.
“But all of these things would face bigger hurdles in the courts with the end of Chevron deference. This is particularly true for long-established regulatory actions like vaccine approvals, or standards of guidance that have significant agency and court precedents backing them up, Ramachandran said.
“Examples already abound where HHS regulations, guidance and pricing for services covered by Medicare and Medicaid are being challenged under the new standard.”
So perhaps the worst impulses of RFK Jr and his minions will be blunted by the lengthy judicial appeals before any rules can be implemented.
Right-wing SCOTUS ruling could protect from RFK Jr regs
I think there’s a difference between the Court’s attitude toward regulatory approval of things and restriction or disapproval of things. The Court seems to be primarily concerned with banning and disapproval. Thus, Kennedy can still do lots of damage by what he allows.
@Jack,
Your prophecy is noted.
SCOTUS won’t act beyond what they’ve already done unless there’s a lawsuit. One possibility is that their overturn of Chevron will chill the RFK Jr HHS initiatives. Another possibility is that RFK Jr HHS initiatives will be targets of lawsuits, and eventually the Roberts SCOTUS will be forced to clarify.
The Court seems to be primarily concerned with advancing the Trump agenda, not any particular principle.