Presidential Administration and FDA Guidance: A New Hope

5 Pages Posted: 30 Aug 2021 Last revised: 3 Dec 2021

See all articles by Nathan Cortez

Nathan Cortez

Southern Methodist University - Dedman School of Law

Jacob S. Sherkow

University of Illinois College of Law; Carle Illinois College of Medicine; University of Illinois at Urbana-Champaign - Carl R. Woese Institute for Genomic Biology; Center for Advanced Studies in Biomedical Innovation Law

Date Written: May 3, 2021

Abstract

Assessments of a President’s first 100 days in office typically focus on legislative priorities and executive orders. Less attention is paid to early victories achieved via guidance and other informal acts of “presidential administration.” The COVID-19 pandemic has opened a window for the Biden Administration to effectuate critical public health policies through guidance issued by the Food and Drug Administration. This brief essay highlights the power—and pitfalls—of effectuating public health policy this way, and discusses the lasting power of guidance for any new administration.

Keywords: FDA, guidance, pandemic, administrative law, public health

Suggested Citation

Cortez, Nathan and Sherkow, Jacob S., Presidential Administration and FDA Guidance: A New Hope (May 3, 2021). 2021 University of Illinois Law Review Online 179, SMU Dedman School of Law Legal Studies Research Paper No. 517, University of Illinois College of Law Legal Studies Research Paper No. 21-26, Available at SSRN: https://ssrn.com/abstract=3899452

Nathan Cortez

Southern Methodist University - Dedman School of Law ( email )

P.O. Box 750116
Dallas, TX 75275
United States
(214) 768-1002 (Phone)

Jacob S. Sherkow (Contact Author)

University of Illinois College of Law ( email )

504 E. Pennsylvania Avenue
Champaign, IL 61820
United States

Carle Illinois College of Medicine ( email )

506 S Mathews Ave
Urbana, IL 61801
United States

University of Illinois at Urbana-Champaign - Carl R. Woese Institute for Genomic Biology ( email )

Urbana, IL
United States

Center for Advanced Studies in Biomedical Innovation Law ( email )

Studiestraede 6
Studiestrade 6
Copenhagen, DK-1455
Denmark

HOME PAGE: http://jura.ku.dk/cebil/staff/

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