The American Society of Clinical Oncology (ASCO) has serious concerns about the impact on cancer care of the Supreme Court's decisions in Loper Bright Enterprises v Raimondo and Relentless, Inc. v Department of Commerce, which overturned “Chevron deference” or the “Chevron principle,” a legal principle that requires federal courts to defer to federal agencies' reasonable interpretations of ambiguous or unclear laws that Congress has delegated to the agencies to enforce.
ASCO is concerned that these decisions could lead to unpredictable and uneven changes to the authority of federal agencies to regulate health care in the United States, potentially fragmenting and disrupting the delivery of cancer care in the United States.
Eric P. Weiner, MD, FASCO
ASCO President Eric P. Winer, MD, FASCO, commented, “The Supreme Court's decision overturns the longstanding role of the executive branch, upending the complex, interdependent framework of the U.S. health care system and leaving us to rely on judges rather than federal agency experts to enforce our nation's laws. This decision calls into question the authority of the Food and Drug Administration (FDA) over prescription drugs, the Centers for Medicare and Medicaid Services (CMS)'s ability to determine eligibility and basic payments to doctors and hospitals for important public health insurance programs, and many other federal agencies to implement important guardrails for cancer patients in this country.”
Dr. Weiner continued, “Deferring to judges and courts rather than to expert government agencies like the FDA and CMS could have adverse effects on cancer patients and the health care providers who treat them. Moreover, Congress and the courts cannot be expected to act with the speed and scope necessary to address all of the complex regulatory issues involved in the management of health care in the United States.”
“ASCO will continue to analyze the impact of this ruling and remain committed to ensuring patients have access to high-quality, equitable cancer care,” Dr. Weiner concluded.
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