A Post-Chevron World: Implications for Rulemaking in Substance Use Disorder Policy

Authors: Jennifer A. Martinez, Erin Atienza, Rebekah Bass, Shelly R. Weizman, and Regina LaBelle

Addiction policy, including how individuals with substance use disorder receive treatment, is largely governed by regulations. In 2024, the United States Supreme Court issued two decisions with potential implications for how courts will interpret and rule on challenges to federal regulations. In Loper Bright Enterprises v. Raimondo, the Supreme Court overturned the long-held doctrine of “Chevron deference.” The Chevron decision required courts to defer to an administrative agency’s interpretations of federal law when issuing rules. The second Supreme Court ruling, Corner Post, Inc. v. Board of Governors of the Federal Reserve System, extends, potentially indefinitely, the time in which a regulation can be challenged in the court.

In this Quick Take, we explore the potential ramifications of these two Supreme Court decisions on addiction policy and discuss what policymakers and advocates can do to prepare for a new era of rulemaking.

Read the Quick Take here.