Recent Supreme Court decisions curbing the power of federal agencies will hobble government efforts to protect public health, legal experts warn (https://www.washingtonpost.com/health/2024/07/02/chevron-doctrine-fda-public-health-supreme-court/). The rulings will make it harder for some federal agencies to bring enforcement actions, give judges more leeway to second-guess agency decisions, and following a July 22, 2024, decision, make it easier to challenge long-settled regulations. Legal experts and health officials expect a gusher of litigation that will complicate the regulation of drugs, tobacco products, and cutting-edge medical technologies. The administration of government health insurance programs could be further mired in lawsuits, and decades-old agency decisions may be newly vulnerable to challenges.

ONS Perspective

In June 2024, the U.S. Supreme Court overturned what has become known as the Chevron doctrine: Established by Chevron v. Natural Resources Defense Council in 1984, the doctrine holds that federal judges defer to a federal agency’s interpretation of a law when it is unclear or when Congress did not specify its intent when creating that law. 

The new ruling could have wide-reaching consequences on health policy, including drug approval, eligibility for insurance programs like Medicare, and tobacco regulation (https://voice.ons.org/advocacy/new-federal-multiagency-task-force-will-curb-the-distribution-and-sale-of-illegal-e). Overturning the Chevron doctrine could increase regulatory uncertainty, leading to inconsistencies in cancer care guidelines and standards. It could also limit the U.S. Food and Drug Administration’s flexibility in approving new cancer treatments and restrict access to experimental therapies (https://voice.ons.org/news-and-views/an-oncology-nurses-guide-to-the-fda-cancer-drug-approval-process), which may slow innovation that could improve patient care. However, the ruling is so broad that anything could happen. ONS is monitoring the impact on cancer care and will rally with ONS member advocates and the advocacy community as appropriate. 

Additional Advocacy Resources

• Health Advocates Target Philip Morris’s U.S. Launch of Heated Tobacco (https://www.reuters.com/business/healthcare-pharmaceuticals/campaigners-target-philip-morris-flagship-heated-tobacco-us-launch-2024-07-16)
• Implications for Public Health Regulation if Chevron Deference Is Overturned (https://doi.org/10.1001/jama.2024.3654)
• JD Vance’s Views on Health Care: What to Know (https://url.us.m.mimecastprotect.com/s/6OnECW6jLvI5D4rKHKIVp2?domain=thehill.com/)
• Kamala Harris, Endorsed by Biden to Replace Him, Is Left of the President on Health Care (https://url.us.m.mimecastprotect.com/s/ngHYCVO0ArIxgZq6szIw-p?domain=statnews.com/)
• Overruling Chevron and FDA Decision-Making, by Nikhil Chaudhry, Dr. Reshma Ramachandran, and Dr. Joseph Ross (https://www.yalejreg.com/nc/overruling-chevron-and-fda-decision-making-by-nikhil-chaudhry-dr-reshma-ramachandran-and-dr-joseph-ross/)
• Rep. Sheila Jackson Lee Dies After Battle With Cancer (https://url.us.m.mimecastprotect.com/s/MXFJCXDkLwFXO9ERFk7-5J?domain=nbcnews.com) 
• Six Straight Quarters of Drug Shortages (https://url.us.m.mimecastprotect.com/s/vNmuCR65OnIv5O41I9Sh6l?domain=axios.com)

ONS Resources

• Oncology Nursing Podcast^™: Episode 304: Nursing Roles in FDA: The Drug Labeling and Package Insert Process (https://www.ons.org/podcasts/episode-304-nursing-roles-fda-drug-labeling-and-package-insert-process)
• Oncology Nursing Podcast^™: Episode 255: Public Thanks for Deserving Oncology Nurses (https://www.ons.org/podcasts/episode-255-public-thanks-deserving-oncology-nurses?ref=CO)

How have drug shortages affected your patients and nursing practice? ONS is actively working with the U.S. Congress and White House to address these shortages, and your input is crucial. Sharing your experiences can greatly aid in our advocacy efforts (https://oncologynursingsociety.formstack.com/forms/drug_shortage_testimony_form).