EBG Commentary

Stuart Gerson Quoted in “Newly Full SCOTUS Will Have Its Say in Healthcare”

MedPage Today

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 MedPage Today, in “Newly Full SCOTUS Will Have Its Say in Healthcare,” by Joyce Frieden.

Following is an excerpt:

The Supreme Court looked at the case and remanded it back to the lower courts involved so that the parties involved could be given a chance to work out their disagreements. “[Justice Anthony] Kennedy is the decisive vote in those cases, but I think we could safely assume Gorsuch would be in the conservative camp” on these issues, said Stuart Gerson, JD, a former acting attorney general under the Clinton administration who is now with the law firm of Epstein Becker Green here. …

Gorsuch’s reservations about the Chevron doctrine may come into play if the Supreme Court hears cases dealing with administrative law, said Gerson. “That’s an area of great interest for Gorsuch with regard to the FDA and approval of biosimilars and devices.” The court will hear arguments April 26th on one such case, Sandoz v. Amgen, which involves the question of whether a biosimilar applicant must wait until after FDA approval before notifying the brand-name drugmaker that it plans to put a generic on the market.

“What’s significant about Gorsuch, besides the fact that he can wade into these problems, is that he is technically very sound,” Gerson said. “I think he’ll impose tougher burdens on agencies in these cases, and he may be of influence in getting [other justices] to come along with him.”