Medtech POV Blog

What Chevron’s Demise Could Mean for Medtech

The Supreme Court will soon address the fate of agency deference—an issue presented in Relentless v. Department of Commerce and Loper Bright Enterprises v. Raimondo—in a ruling expected to have far-reaching effects on how federal agencies regulate medtech and many other industries and how the industries interact with lawmakers, agencies, and the courts.

At the core of the Supreme Court’s review is the doctrine in Chevron v. Natural Resources Defense Council, under which courts defer to an agency’s construction of an ambiguous statute, so long as it was reasonable. The Supreme Court has been asked to overturn or limit this deference and direct courts to instead ask: Was the agency’s interpretation the best reading of the statute?

If the Court does away with Chevron deference, that decision would have far-reaching consequences across regulated industries and would have a profound impact on medtech. 

Overall—and what I’m watching most closely—is what the Court’s final opinion means for regulatory certainty by expert agencies that know the fragile medtech innovation ecosystem and science best. Medtech innovation thrives best in a predictable legal environment. 

Patients need a finely tuned outcome in this case. More stability and continuity could be more conducive to unleashing the bold innovations patients need.

Potential Pros for Medtech of Overturning Chevron include:

Potential Cons for Medtech of Overturning Chevron include:

We look forward to providing updates on the Supreme Court’s decision—and its impact on medtech—which we expect the Supreme Court to issue this summer.