Tuesday, July 9, 2024

The Supreme Court’s ‘Hubris’ to Do Its Own Job

Judges—along with regulators and politicians—will have to start working harder now that Chevron deference is gone

Letter to The WSJ. About June 29 editorial “Two Big Victories for Liberty

"The administrative state isn’t dead—it’s just going to have to work harder. Chevron created an era of big, lazy and vague government. Those days are over. What remains are agencies’ authority and expertise. These two key pillars will allow the Food and Drug Administration to continue to do its job not with the same level of effectiveness but a higher one. Yes, the FDA will have to work harder. The “because I said so” defense will have to be replaced with sound, detailed and specific actions. The court’s ruling must usher in an era of predictable and precision regulation.

Peter J. Pitts

Former FDA associate commissioner"

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