Chevron, Abortion, and Misinformation: What’s On The SCOTUS Docket and Implications for the Healthcare Sector

Complications: Health Policy Unraveled

What does fishing have to do with healthcare? Currently before SCOTUS is Loper Bright Enterprises, a case involving federal oversight of herring fishing which could impact the government's regulatory power broadly and thus, the healthcare sector.

In episode 21 of Complications: Health Policy Unraveled, host Stephanie Kennan explores Loper Bright Enterprises and other cases before the U.S. Supreme Court with wide-ranging implications for healthcare policy. From challenges to regulatory power and abortion laws, to debates over the FDA's actions and free speech on COVID-19, this episode delves into cases raising complex legal issues that will shape the future of healthcare.

Meet Your Host

Name: Stephanie Kennan

Title: Senior Vice President, Federal Public Affairs at McGuireWoods Consulting

Specialty: Stephanie Kennan helps clients navigate the legislative and executive branches of the federal government to solve problems involving a variety of healthcare policy issues. Her work focuses on providers, medical device manufacturers, drug manufacturers and associations concerned about Medicare and Medicaid reimbursement.

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Episode Highlights

[00:35] If the Supreme Court were to overturn the Chevron deference doctrine in the Loper Bright Enterprises case regarding herring fishing, the regulatory power of government agencies, including those in healthcare, will be significantly impacted.

[01:32] Two cases currently before the Court address Idaho’s abortion law, which only permits abortions when necessary to save the patient’s life, and its interaction with federal healthcare law.

[03:28] In Alliance for Hippocratic Medicine vs. FDA, the Court will decide if the FDA overstepped its regulatory authority when it expanded access to Mifepristone, the over-the-counter abortion pill, which could have long-reaching effects on other medications and abortion regulations.

[06:01] In Murthy v. Missouri, the Court will determine whether Covid-19 misinformation is protected free speech. If it is protected, federal health agencies may face an uphill battle trying to effectively communicate health initiatives to the public.

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