Kennedy Replacement On Supreme Court Could Impact FDA Preemption Law, Sales Of Contraceptive Devices
A Changing Supreme Court's Impact on Medtech: Part 1
President Trump’s promise to replace retiring Justice Anthony Kennedy with a new, more conservative justice could have big implications on the court’s future rulings on a range of device-related issues, from US FDA pre-emption to IUD sales, to Affordable Care Act coverage of devices.
The first of a multi-part Medtech Insight feature series on what a more conservative Supreme Court could mean for future court decisions that impact the medical device industry.
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In upcoming health-care cases likely to come before the high court in the next couple of years, a more conservative Supreme Court – thanks to the confirmation of Brett Kavanaugh – could issue rulings that would overturn portions of the Affordable Care Act concerning preexisting conditions. The new court could also have an impact of issues of federal preemption and court deference, or lack thereof, to federal agency interpretation of statute.
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