High Court Eyes Expanding ‘Major Questions’ Doctrine Ahead Of EPA Case

January 7, 2022
The Supreme Court appears poised to expand its use of the “major questions” doctrine to limit agencies’ regulatory authority after Jan. 7 oral argument over two COVID-19 vaccine rules, in a potential preview of how it could approach an upcoming case over EPA’s climate change policies where challengers have leaned heavily on the same principle. During oral argument in National Federation of Independent Business (NFIB) vs. Department of Labor , several of the court’s six conservatives variously expressed skepticism over...


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