EBG Commentary

Stuart Gerson Quoted in “Gorsuch’s Antipathy to Agency Rules May Boggle Health Industry”

Bloomberg BNA Health Care Daily Report

Stuart M. Gerson, a 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 Bloomberg BNA Health Care Daily Report, in “Gorsuch's Antipathy to Agency Rules May Boggle Health Industry,” by Mary Anne Pazanowski. (Read the full version – subscription required.)

Following is an excerpt:

Gorsuch could pick up Justices Clarence Thomas and Samuel A. Alito Jr. in cases challenging agency rulemaking or guidance, Stuart Gerson told Bloomberg BNA. Gerson served as acting U.S. attorney general under President Bill Clinton. He also served in the George H.W. Bush administration as assistant attorney general for the Department of Justice's Civil Division.

Now a member of Epstein Becker Green's health law practice in Washington, Gerson sees potential conflict between Gorsuch and the Trump administration's HHS with respect to CMS and Food and Drug Administration payment rules on which constituents are likely to request guidance. Gorsuch might not agree with the HHS's interpretations.

Gorsuch is a “literalist,” Gerson said. That is, he interprets statutes according to the plain language, without looking at the statutory history or agency interpretation. Gorsuch will try to discern the statute's “original meaning,” Gerson said.