Through the Looking Glass? Loper Bright Will Force FDA to Change Its Approach to Litigation and Advocacy By John W.M. Claud & JP Ellison —

https://www.thefdalawblog.com/2024/07/through-the-looking-glass-loper-bright-will-force-fda-to-change-its-approach-to-litigation-and-advocacy/?utm_source=rss&utm_medium=rss&utm_campaign=through-the-looking-glass-loper-bright-will-force-fda-to-change-its-approach-to-litigation-and-advocacy The Supreme Court’s recent decision in Loper Bright v. Raimondo has done away with Chevron deference to federal agencies’ interpretation of ambiguous statutes, including the FDA. The decision commands that federal judges must make their own decisions in suits against FDA, considering—but not deferring to—the Agency’s interpretation of ambiguous statutory provisions. Stripping FDA of the key tool of deference, Loper Bright will undoubtedly reinvent the way FDA advocates in federal courts.