In Abortion Pill Case, U.S. High Court May Undermine Drug Regulator

Lewis Grossman’s commentary was included an Agence France-Presse article discussing potential risks to the oversight capabilities of the Food and Drug Administration’s (FDA) independence in FDA v. Alliance for Hippocratic Medicine. Lewis highlights potential concerns regarding the Supreme Court’s role in agency decisions that are at issue in the case.

Courts have questioned certain FDA decisions, notably over the interpretation of patents, said Lewis, but "imposing restrictions on the availability of a drug based on a disagreement with the scientific experts at FDA” would be "very unprecedented." "Interpreting science," he added, "is not a legal task."

Similarly, Lewis argues that the Supreme Court’s involvement in rule setting could also place a huge array of agency decisions -- regarding scientific assessments of the environment, workplace safety or many other issues -- at risk of being overturned.