July 2, 2020
11th Circuit Liver Policy Ruling Sidesteps Agency ‘Deference’ Question
The U.S. Court of Appeals for the 11th Circuit in a ruling on the government’s liver transplant policy has avoided weighing in applying the Supreme Court’s test for when to defer to OSHA and other agencies in interpreting their regulatory authority, but does embrace the high court’s instruction to first look for a clear answer in the law. While the 11th Circuit in a Sept. 25 ruling in Randall Callahan, et al. v. Department of Health and Human Services (HHS)...
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