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Article
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Forthcoming 2025
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Diminution of Public Health Agency Authorities Post-Loper
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James G. Hodge Jr. and Maxwell Lauzon
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Journal of Law, Medicine & Ethics
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Open Access
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Abstract: In a new era of regulatory oversight, the U.S. Supreme Court upended traditional Chevron deference to agency interpretations of ambiguous Congressional provisions in Loper in June 2024. Federal courts were instructed to make their own assessments of statutory authorities amid an onslaught of public health agency challenges surfacing nationally. Even so SCOTUS may be eying further limits on agency powers despite clear and substantial repercussions for the health of the nation.
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