ANALYSIS: Can Executive Orders Escape Major Questions Challenge?

The major questions doctrine made waves at the US Supreme Court in 2022 in West Virginia v. EPA, and since then, lower federal courts have applied it to a plethora of agency regulations. Whether it applies to presidential executive orders, however, hasn’t been settled.

Only a minority of federal appellate courts have ruled on the question. However in light of the recent flurry of orders from the Trump administration, more courts will likely address the issue in the coming months.

Rank and File Only, or the Chief Too?

The major questions doctrine has come up in arguments challenging regulations ...