U.S. Supreme Court

Case Status


Docket Number


2021 Term


Questions Presented

1. Whether Chevron deference permits HHS to construe 42 U.S.C. § 1395l(14)(A)(iii) to allow HHS to set reimbursement rates based on acquisition cost and vary such rates by hospital group if HHS has not collected certain hospital acquisition cost survey data.

2. Whether Petitioners' suit challenging HHS's decision is precluded by 42 U.S.C. § 1395l(t)(12).

Case Updates

Supreme Court decides statutory-interpretation dispute over HHS reimbursement rates to hospitals for drugs

June 15, 2022

Without taking sides in the dispute, the U.S. Chamber’s amicus brief urged the Court to reinforce limits on Chevron deference. The Court applied the traditional tools of statutory interpretation and rejected HHS’s view without mentioning Chevron deference, even though (1) the D.C. Circuit had given Chevron deference to HHS and (2) the Department of Justice had invoked Chevron in defending HHS’s action before the Court.

U.S. Chamber files amicus brief urging Supreme Court to reinforce constraints on Chevron deference

September 10, 2021

Click here to view the brief. Paul D. Clement, Erin E. Murphy, and Evelyn Blacklock of Kirkland & Ellis LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

Case Documents