SCOTUS Ruling Strips Power From Federal Health Agencies – KFF Health News

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Julie Rovner KFF Health News

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Julie Rovner is the chief Washington correspondent and host of KFF Health News’ weekly health policy news podcast, “What the Health?” A renowned expert on health policy issues, Julie is the author of the critically acclaimed reference book “Health Care Politics and Policy A to Z,” now in its third edition.

In what will surely be remembered as a landmark decision, the Supreme Court’s conservative majority this week threw out a 40-year-old legal precedent that required judges to defer to the expertise of federal agencies in most cases. It’s unclear how eliminating what’s known as the “Chevron deference” will affect the day-to-day operations of the federal government, but the decision has already caused a stir in the policymaking community. Administrative experts say it will dramatically change the way major health agencies like the FDA and the Centers for Medicare and Medicaid Services work.

The Supreme Court this week also decided not to rule on a case from Idaho that centered on whether a federal health law that requires hospitals to provide emergency care overrides the state’s near-total ban on abortion.

This week’s panelists are Julie Rovner of KFF Health News, Joan Cannon of the Johns Hopkins School of Public Health and Nursing and Politico Magazine, Victoria Knight of Axios and Alice Miranda Ollstein of Politico.

Panel

Joan Kennan Johns Hopkins University and Politico

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Victoria Knight Axios

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Alice Miranda Ollstein Politico

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Highlights from this week’s episode:

• In 1984, the Supreme Court ruled broadly that when an ambiguous law is challenged, courts should consider the decision-making of federal agencies. On Friday, the Supreme Court ruled that courts, rather than federal agencies, should make the final decision. The decision will make it even more difficult to enforce federal laws — and draws attention to the fact that Congress, often and explicitly, leaves much of the work of turning written laws into reality to federal agencies.
• This wasn’t the only Supreme Court decision this week with major health implications: On Thursday, the court temporarily restored access to emergency abortion in Idaho. But like its abortion-pill decision, it ruled on technical grounds, along with other similar cases — such as the one challenging Texas’ abortion ban.
• In separate rulings, the court struck down a major opioid settlement agreement, and it allowed the federal government to petition social media companies to remove falsehoods. Also, the court agreed to hear a case next session on transgender health care for minors.
• The first general-election debate of the 2024 presidential election cycle left abortion activists disappointed with their flag-bearers — on both sides of the aisle. Opponents didn’t like that former President Donald Trump stuck to his stance that abortion should be left to the states. And abortion rights supporters felt President Joe Biden failed to strongly refute Trump’s outlandish lies about abortion — and also failed to take a strong enough position on abortion rights himself.

Plus, for “extra credit,” panelists suggested health policy stories they read this week and think you should read, too:

Julie Rovner: The Washington Post’s “Wearing a mask is going from mandatory to a crime in some states” By Fenit Nirappil.

Victoria Knight: the new York Times’ “Opaque industry secretly raising prescription drug pricesBy Rebecca Robbins and Reed Abelson.

Joanne Cannon: The Washington Post’s “The Department of Social Security will eliminate obsolete jobs that were used to deny disability benefitsBy Lisa Rein.

Alice Miranda Ollstein: Politico’s “Opioid deaths increased 50 percent during the epidemic. In these places, they decreasedBy Ruth Reeder.

Also mentioned in this week’s podcast:

• Politico’s “Learn about the $100 million plan to restore abortion rights in AmericaBy Alice Miranda Ollstein.
• of JAMA Network Open”Use of oral and emergency contraceptives after US Supreme Court ruling Dobbs decisionBy Dima M. Kato, Rebecca Myerson, Andrew Shooshatari, et al.
• JAMA Health Forum’s “Changes in permanent contraceptive procedures among young adults Dobbs decisionBy Jacqueline E. Ellison, Brittany L. Brown-Podgorski, and Jake R. Morgan.
• JAMA Pediatrics’Infant deaths after Texas bans abortion in early pregnancy in 2021By Alison Gemmill, Claire E. Margerison, Elizabeth A. Stuart, et al.

Credit

Francis Ying Audio Producer Emmarie Huttemann Editor

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