When Lars Larson and I recently discussed the Supreme Court's influence over government regulation. I expressed my concerns. The overturning of the Chevron Deference, which previously allowed regulatory experts to interpret ambiguous statutes, and other recent rulings, means federal judges will now handle more healthcare and environmental decisions. Lars suggested that Congress should take more responsibility for these decisions. I agreed in theory but pointed out that Congress often lacks the expertise to fully grasp complex issues like gene therapy or new data on environmental pollution. Leaving everything to Congress would lead to excessive "horse trading," where unrelated issues influence what should be science-based decisions. The real problem, I argued, is poor management in the executive branch agencies. Although Congress should update major statutes as needed, in their oversight role they must also hold agencies accountable to manage more effectively.
You can hear the whole conversation here
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Looking for a bit more?
Should Healthcare Be Entrusted to People in White Coats or Black Robes?
The Morning After Chevron: Courts Tell the FDA How to Do Its Job
Henry I. Miller, MS, MD
Henry I. Miller, MS, MD, is the Glenn Swogger Distinguished Fellow at the American Council on Science and Health. His research focuses on public policy toward science, technology, and medicine, encompassing a number of areas, including pharmaceutical development, genetic engineering, models for regulatory reform, precision medicine, and the emergence of new viral diseases. Dr. Miller served for fifteen years at the US Food and Drug Administration (FDA) in a number of posts, including as the founding director of the Office of Biotechnology.
