Supreme Court Reaffirms Test in Next Chapter of Agency Power

The US Supreme Court has clarified the test courts should use when considering policy flip-flops when presidential administrations change.

Ruling April 2 in a case challenging FDA rejection of applications to sell flavored vaping products, the justices formalized an existing approach that lays out what an agency must do to support such a shift.

In doing so, the court answered a question left open after its landmark ruling last term curtailing deference to administrative agencies when it overturned the longstanding Chevron doctrine in Loper Bright v Raimondo.

University of Michigan law professor Christopher Walker said this was one “missing ...