DOJ Downplays Chevron Upset in Surprise Medical Bill Cases

The US Supreme Court’s decision to overturn a longstanding judicial doctrine of deference to agencies has no bearing in two cases challenging a law to halt surprise medical bills, Justice Department attorneys told a federal appeals court in New Orleans.

The death of Chevron deference in Loper Bright Enterprises. v. Raimondo shouldn’t impact the US Court of Appeals for the Fifth Circuit’s decisions because Congress gave the Health and Human Services Department express authority to implement the No Surprises Act, the DOJ wrote in filings submitted July 3.

They said that “‘[w]hen the best reading of a statute is that ...