John Aloysius Cogan Jr. is Associate Professor of Law and Roger S. Baldwin Scholar at the University of Connecticut School of Law.
On Friday, in Becerra v. Empire Health Foundation, the Supreme Court had yet another chance to topple the Chevron doctrine, a stalwart of administrative law under which courts generally defer to federal agencies’ interpretations of ambiguous statutes.
On Monday, the Supreme Court heard oral argument on a Medicare case that will have significant financial consequences for safety-net hospitals and could have implications for the Chevron doctrine, a core principle of administrative law.
When it comes to highlighting the complexity of the Medicare Act and its hospital payment rules, Becerra v. Empire Health Foundation doesn’t disappoint. The case generates a whirlwind of interpretive complication as the parties spar over the proper application of a complex Medicare payment rule.