June 28, 2024
Please see below for statements from the O’Neill Institute for National and Global Health Law’s health law experts on the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo; Relentless v. Department of Commerce.
Lawrence O. Gostin, faculty director; Andrew Twinamatsiko, director of the Health Policy and the Law Initiative; and Zachary Baron, director of the Health Policy and the Law Initiative:
Today’s Supreme Court decision in Loper Bright Enterprises v. Raimondo; Relentless v. Department of Commerce reflects the latest attack in a long-running campaign to weaken federal agencies and their ability to address pressing policy challenges that affect our nation’s health, safety, and the environment. This ruling not only limits how Congress may rely on experts in a politically accountable, co-equal branch of government, it also concentrates power in the courts, making them the ultimate arbiters of policy and political issues.
While the decision today may not directly concern health care, it will deeply affect how health agencies such as the CDC, FDA, and CMS work to promote public health and address the needs of countless Americans through major federal programs that have protected the population for decades. Following the overturning of Roe v. Wade, today’s Supreme Court decisions illustrate once again the justices’ disregard for long settled precedent. The conservative supermajority is shaping the law in their own images.
If you are interested in interviews with the experts, please contact Heena Patel, O’Neill Institute director of strategic communications, at hp498@georgetown.edu.