Opinion · Supreme Court of the United States

Sandoz Inc. v. Amgen Inc.

Sandoz Inc. v. Amgen Inc., 26 Fla. L. Weekly Fed. S 640 (Supreme Court of the United States 2017)

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
2017-06-12
Topic
general

Justice BREYER, concurring. The Court's interpretation of the statutory terms before us is a reasonable interpretation, and I join its opinion. In my view, Congress implicitly delegated to the Food and Drug Administration authority to interpret those same terms. That being so, if that agency, after greater experience administering this statute, determines that a different interpretation would better serve the statute's objectives, it may well have authority to depart from, or to modify, today's interpretation, see National Cable & Telecommunications Assn. v. Brand X Internet Services, 545 U.S. 967, 982-984, 125 S.Ct. 2688, 162 L.Ed.2d 820 (2005), though we need not now decide any such matter.

Justice BREYER, concurring.

The Court's interpretation of the statutory terms before us is a reasonable interpretation, and I join its opinion. In my view, Congress implicitly delegated to the Food and Drug Administration authority to interpret those same terms. That being so, if that agency, after greater experience administering this statute, determines that a different interpretation would better serve the statute's objectives, it may well have authority to depart from, or to modify, today's interpretation, see National Cable & Telecommunications Assn. v. Brand X Internet Services, 545 U.S. 967, 982-984, 125 S.Ct. 2688, 162 L.Ed.2d 820 (2005), though we need not now decide any such matter.