FDA Seeks Targeted Congressional Reversal of Judicial Checks on Agency Abuses of Discretion

June 9, 2022By: Jeffrey N. Gibbs & Sara Koblitz Download PDF

The Food and Drug Administration (FDA) has been privately lobbying Congress to overturn recent judicial decisions that curb the agency’s discretion. While Congress can override federal court decisions, use of that authority to concentrate further power in a single executive-branch agency—and doing so without notice to or input from the public—is contrary to our Constitution’s separation of powers and undermines the carefully crafted administrative process.

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