Supreme Court could rein in the administrative state

Published December 29, 2021 12:00am ET



Could a Supreme Court opinion about the arcane question of hospital reimbursement rates deal a critical blow to the unconstitutional nature of the federal regulatory state?

The narrow issue in American Hospital Association v. Becerra is about the proper interpretation of the rules that the Department of Health and Human Services must follow when setting hospital reimbursement rates. The issue is contentious because the relevant statute about hospital reimbursement is ambiguous. So the broader question at stake is: How should the high court resolve that ambiguity?

Already a print subscriber? Click here to login/register your account

Trusted reporting.Unlimited access.

Subscribe for full access to Washington Examiner coverage, expert political analysis, and subscriber-only journalism.

Get Unlimited Access

Already a member? Log in

Cancel anytime.