Gorsuch may be able to weigh in on healthcare policy — eventually, experts say
Supreme Court Justice Neil Gorsuch's influence on healthcare policy may be initially limited, one expert predicted following his swearing in on Monday.
Gorsuch's previous opinions have shown skepticism over federal agencies' interpretations of their own rules, as well as the “frenetic lawmaking” employed by authorities like the Centers for Medicare & Medicaid Services.
Gorsuch's views may have little impact on the court's decisions, as only Justices Samuel Alito and Clarence Thomas have expressed interest in taking on the “Chevron deference” — a ruling that advises judges to defer interpretation of regulations to the agencies that created them — attorney Stuart M. Gerson told Bloomberg BNA.
Litigation surrounding the possible repeal and replace of the Affordable Care Act may give Gorsuch his earliest chance to affect change since there “is a potential for many major cases” to be filed regarding the healthcare overhaul, Gerson added. Potential cases that may land at the Supreme Court include battles between states and the federal government over Medicaid cuts.
Attorney Douglas Ross also told Bloomberg that Gorsuch's appointment to the court will be “a very good thing for the development of antitrust law,” due to his history as an antitrust lawyer.