Presidential Administration and FDA Guidance: A New Hope
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
5 Pages Posted: 30 Aug 2021 Last revised: 3 Dec 2021
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
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