More Rules Could Face ‘Major Questions’ Test Under Gorsuch Concurrence

Supreme Court watchers are debating the effect of Justice Neil Gorsuch’s concurring opinion in the high court’s recent decision curbing EPA’s greenhouse gas authority, with many arguing his approach would apply the court’s new “major questions” doctrine to many more agency rules than the primary opinion, authored by Chief Justice John Roberts. The Gorsuch concurrence “is a lot broader and a lot scarier” than Roberts’ opinion because, “the way I translate it is, operationally, is if an issue gets enough...