Eroding Judicial Deference to the FDA—Consequences for Public Health

Daval CJR, Bendicksen L, Kesselheim AS - New England Journal of Medicine

  • Regulation and Clinical Evidence

Summary:

Supreme Court decisions weakening judicial deference to federal agencies threaten the FDA’s ability to regulate drugs and medical devices in the public interest. Curtailing deference will make nuanced, science‑based regulation more difficult, increase litigation risk, and ultimately undermine patient safety unless Congress provides more explicit statutory authority.

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