If you wanted quick medical advice, you’d ask your friend with an MD or BSN. Not a JD. Likewise, if you wanted to know how to regulate nitrogen oxide under the Clean Air Act, you’d probably trust the scientists at Environmental Protection Agency (EPA) over the judges on a court that referred to the gas as nitrous oxide (laughing gas). But under the Supreme Court’s recent opinion in Loper Bright Enterprises v. Raimondo, a 6-3 conservative majority ruled that courts get the final say on such matters.
Loper Bright was a blockbuster decision, though not unexpected. Here, I’ll discuss what it might mean for health agencies like the EPA, U.S. Food and Drug Administration (FDA), and Department of Health Human Services (HHS).
