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 FDA Week, in “Lawyer Close to Kavanaugh Said He Avoids Knee-Jerk Deference to FDA.” (Read the full version – subscription required.)

Following is an excerpt:

A lawyer familiar with Supreme Court nominee Brett Kavanaugh and his jurisprudence said the judge, should he be appointed to the high court, would avoid deferring automatically to FDA or other federal regulatory agencies on cases involving matters where Congress has not given clear instructions. Stuart Gerson, a member of the firm at Epstein Becker Green, a former acting U.S. Attorney General and an acquaintance of Kavanaugh's, told Inside Health Policy that Kavanaugh “is not striving to appeal the issue of deference, but to come up with a more scientific and reasonable way of interpreting laws and regulations, consistent with his views of statutory textualism.”

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