Prof. Hickman Interviewed By Tax Notes On Supreme Court Overturning Chevron
Professor Kristin Hickman was interviewed by Tax Notes in regarding the likelihood that the U.S. Supreme Court will overturn its Chevron deference standard in American Hospital Ass'n v. Becerra, No. 20-1114. The case concerns the validity of a Department of Health and Human Services regulation interpreting the Medicare statute, upheld by the lower court as reasonable and therefore worthy of deference under the Chevron standard. Some commenters have suggested that the case provides a vehicle for the Supreme Court to overturn Chevron. In Chevron Deference Likely to Survive in Medicare Drug Case, Tax Notes quoted Professor Hickman at length regarding various statements by the justices in oral argument and her conclusion that the justices seem more inclined to resolve the case by interpreting and relying on a footnote in the Chevron decision to allow them to resolve the case using traditional tools of statutory interpretation without overturning the Chevron standard.