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Recent Supreme Court decisions curbing the power of federal agencies will hobble government efforts to protect public health, legal experts warn. The rulings will make it harder for some federal agencies to bring enforcement actions, give judges more leeway to second-guess agency decisions and, following a decision Monday, make it easier to challenge long-settled regulations. Legal experts and heath officials expect a gusher of litigation that will complicate the regulation of drugs, tobacco products and cutting-edge medical technologies. The administration of government health insurance programs could be further mired in lawsuits. And decades-old agency decisions may be newly vulnerable to challenges. (Ovalle, Achenbach and Roubein, 7/2)

The post-election healthcare package Congress is slowly constructing has encountered a Supreme Court complication. The prospects of combining a slew of healthcare measures affecting providers, insurers, pharmacy benefit managers and technology companies by the end of the year dimmed Friday, when the high court overturned a longstanding legal precedent that gave federal agencies wide latitude to interpret laws. (McAuliff, 7/2)

The latest battle in the fight over e-cigarettes has landed in the nation’s highest court. The Supreme Court on Tuesday agreed to hear a case next session concerning the Food and Drug Administration’s approval process for the sale of e-cigarettes amid concerns about use among children and teenagers. (Hellmann, 7/2)

On June 10, 2024, the U.S. Supreme Court granted certiorari in Advocate Christ Medical Center v. Becerra for the October 2024 – 2025 term to review a D.C. Circuit Court of Appeals ruling potentially affecting up to $4 billion in federal funding for hospitals. The Supreme Court will determine whether the federal Department of Health and Human Services properly reimbursed hospitals for providing care to patients receiving financial aid from the Supplemental Security Income Program (the “SSI Program”). (Lipsky, Herbstritt, Foster, 7/2)