Stuart M. Gerson, Member of the Firm in the Litigation and Health Care & Life Sciences practices, in the firm’s Washington, DC, and New York offices, was quoted in Endpoints HealthTech, in an article by Shelby Livingston, discussing the Supreme Court of the United States decision to overturn Chevron.
Following is an excerpt:
By now, you’ve certainly heard that the Supreme Court made a sweeping decision Friday to overturn a legal precedent known as the Chevron doctrine — a move that limits the power of federal agencies and hands it to the lower courts.
I’ve been mulling what this ruling could mean for health tech. One thing seems for sure: There’s bound to be more (potentially a lot more) litigation over federal rules, because companies now have a better chance of winning those challenges, several attorneys and analysts told me.
“It gives the challenging party another arrow, or a better arrow, in their quiver,” Stuart Gerson, an attorney at Epstein Becker Green and a former assistant attorney general for the DOJ’s civil division, told me. Previously, parties challenging an agency’s authority could be quickly forced out of court, he said.
