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Expertise After Chevron: A Potentially Pyrrhic Victory on Executive Control Over Preventive Care
SCOTUSblog 
[Opinion] July 14, 2025 "Justice Brett Kavanaugh's ensuing opinion for the court ... repeatedly emphasized that the secretary's power to hire and fire at will 'provides the Secretary with a means of ensuring that no recommendation that he disapproves will take effect.' The critical question now is thus one about deference to scientific expertise, and how the court now sees that question after overruling Chevron last year. Even as Braidwood gives the secretary such control, will rational, evidence-based decision-making still be required?" [Kennedy v. Braidwood Management, Inc., No. 24-316 (S. Ct. Jun. 27, 2025)] MORE >> |
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