SCO­TUS jus­tices hint at un­cer­tain fu­ture of Chevron doc­trine in tan­gen­tial case

Two loom­ing de­ci­sions at the Supreme Court — one on the FDA’s reg­u­la­tion of a com­mon­ly used abor­tion drug and an­oth­er on the fate of the Chevron doc­trine — will have broad im­pli­ca­tions for not on­ly the FDA but the en­tire bio­phar­ma in­dus­try too.

Oral ar­gu­ments be­fore the court on Tues­day al­so high­light­ed the like­li­hood that the Chevron doc­trine could be over­turned as part of a case on a North Dako­ta truck stop that be­came a par­ty in lit­i­ga­tion al­leg­ing that a 2011 cap on deb­it card fees un­fair­ly fa­vors banks. The truck stop is ar­gu­ing that it de­serves the chance to lit­i­gate the rule, even though the busi­ness wasn’t es­tab­lished un­til 2018, at which point the statute of lim­i­ta­tions on the fed­er­al rule had ex­pired.

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