major questions doctrine

Kim Kardashian Prompts Major Questions for the SEC

Kim Kardashian Prompts Major Questions for the SEC

Scholar argues the SEC violated the major questions doctrine by suing celebrities who endorsed cryptocurrency companies.

A Win for the Federal Government’s Contracting Power

A Win for the Federal Government’s Contracting Power

A recent court decision supports using procurement authority to address climate change and other policy issues.

Lingering Questions About the Major Questions Doctrine

Lingering Questions About the Major Questions Doctrine

Scholars discuss the origins, scope, and merits of the U.S. Supreme Court’s “major questions doctrine.”

New Technology Will Raise New Legal Questions

New Technology Will Raise New Legal Questions

Scholars worry that regulating new technologies will be more difficult after recent Supreme Court decisions.

Rapid Responses to Major Questions

Rapid Responses to Major Questions

Scholar proposes a new fast-track legislative procedure to affirm agency regulatory authority.

Guidance for Regulators on the Major Questions Doctrine

Guidance for Regulators on the Major Questions Doctrine

To avoid potential legal challenges, agencies should take even more care in their regulatory planning, review, and communication.

The Supreme Court’s Climate Ruling is Not a Calamity

The Supreme Court’s Climate Ruling is Not a Calamity

Supreme Court decision hinders but does not halt agency action to address climate change.

Major Questions About Climate Regulation

Major Questions About Climate Regulation

Scholars argue that attacks on the constitutionality of federal climate change regulations distort the major questions doctrine.

Supreme Court Crushes the United States’ Ability to Mitigate Climate Change

Supreme Court Crushes the United States’ Ability to Mitigate Climate Change

Rejecting EPA’s ability to reshape the coal industry, the Court forecasts invalidating future agency actions.  

Major Questions and Juristocracy

Major Questions and Juristocracy

In rejecting agency action on the basis of the “major questions doctrine,” judges undermine congressional policies.