‘Jarkesy,’ ‘Loper Bright’ Create New Opportunities for Offense in the Health Care Industry

The Supreme Court closed out the 2023 term with two opinions that offer new opportunities for healthcare and life sciences companies facing enforcement actions. First, in Jarkesy v. SEC (Jarkesy), the Court suggests that federal agencies cannot impose civil monetary penalties using in-house administrative processes because they violate the Seventh Amendment right to a jury trial.

Second, in Loper Bright Enterprises v. Raimondo (Loper Bright), the Court overturned its decision in Chevron U.S.A. Inc. v. Nat. Res. Def. Council, Inc. (Chevron), holding courts generally cannot defer to agency interpretations of statutes but must instead determine the “best” reading.