The American Hospital Association (AHA) and a number of hospitals have asked the U.S. Supreme Court to hear a case raising whether “Chevron” deference should apply when a law being interpreted prevents a court’s ability to weigh the lawfulness of a particular agency action. 

In a letter from the Deputy Solicitor General to the Supreme Court dated February 10, 2021, the Biden administration reversed the position of the Trump administration and argued in favor of upholding the constitutionality of the entire Affordable Care Act (ACA) in the case pending before the Court.