Abstract
On June 30, 2022, judicial deference toward actions of administrative agencies took a significant hit. In West Virginia v. EPA, the Court formally recognized—for the first time—the major questions doctrine, which requires agencies to identify clear congressional authorization when claiming the authority to make decisions of vast economic and political significance. Since June 30, 2022, the Supreme Court has utilized the major questions doctrine in decisions of national importance, including topics ranging from environmental protection efforts to cancelling student debt. This note offers a snapshot of how the major questions doctrine has been applied by federal courts across the country since West Virginia was decided. Beginning with the nondelegation doctrine, this note traces the rise and the beginning of the fall of congressional delegations of power to administrative agencies. This note then summarizes the major questions doctrine and shows how the doctrine has been applied by federal courts in 46 cases since West Virginia was decided.
Recommended Citation
Christopher Eckhardt,
A Major Question for Administrative Law: How are Courts Applying the Major Questions Doctrine Post West Virginia v. EPA?,
73
Cath. U. L. Rev.
570
(2024).
Available at:
https://scholarship.law.edu/lawreview/vol73/iss4/7
