Published on
Updated on
Associate Dean Erika Lietzan spoke at the annual Enforcement, Litigation, and Compliance conference of the Food and Drug Law Institute earlier in December. She addressed the likely impact on FDA of several recent Supreme Court administrative law cases, including SEC v. Jarkesy (relating to an agency’s ability to adjudicate civil money penalties administratively) and Loper Bright Enterprises v. Raimondo (which overruled the Chevron decision and established that courts must consider questions of law de novo rather than deferring to an agency’s interpretation of the statute it administers).
Among other things, Professor Lietzan discussed her new paper on the impact of Loper Bright (available to view here), which argues that the impact may not be as significant as some have believed, and which supports this in part with the results of examining ten years of cases against FDA before the Chevron decision. Her paper is forthcoming in the SMU Law Review.