Comment Major Questions Doctrine right wing corporate bunk (Score 1) 103
"major questions" is a magic phrase to look for these days. In new laws and bills Congress keeps adding "Major questions doctrine does not apply to this provision". this is a power grab by the judicial branch. It doesn't come from any law passed by Congress at all.
What does this mean? For totally unspecified reasons -- no particular boundary or edge, a hand wave about “vast economic and political significance” and nothing can be determined in the executive branch agency regulations. It is unfalsifiable and hazy, it cannot be known what counts as a "major question" or not beforehand to these people. And once it existed it was part of the "logic" of overturning Chevron as well.
https://ancillary-proxy.atarimworker.io?url=https%3A%2F%2Flaw.stanford.edu%2Fpubli...
https://ancillary-proxy.atarimworker.io?url=https%3A%2F%2Fcrsreports.congress.go...
https://ancillary-proxy.atarimworker.io?url=https%3A%2F%2Fhls.harvard.edu%2Ftoday%2F...
https://ancillary-proxy.atarimworker.io?url=https%3A%2F%2Fmoritzlaw.osu.edu%2Fsite...
in the west virginia VS EPA and Sackett v. EPA cases that launched this mess elena kagan said it was bunk "thumbs on the scale."
https://ancillary-proxy.atarimworker.io?url=https%3A%2F%2Fwww.supremecourt.gov%2Fo...
https://ancillary-proxy.atarimworker.io?url=https%3A%2F%2Fwww.eenews.net%2Farticle...
https://ancillary-proxy.atarimworker.io?url=https%3A%2F%2Fsubscriber.politicopro...
if they are not supposed to "legislate from the bench" explain how this hazy, untestable chonk of a "doctrine" got counted as "real."