ANALYSIS: More Major Questions Doctrine Decisions Are Coming

The major questions doctrine is popping up more frequently in court decisions, but more often than not has been unsuccessful in consistently and successfully limiting federal agencies’ power to act. Win or lose, though, decisions considering the doctrine will continue to increase in the next year, as will some related case patterns that are beginning to emerge.

2024: More Decisions, More Wins

In 2024, look for the following:

• Court decisions addressing the major questions doctrine will continue to increase overall. This will happen regardless of the outcome in Loper Bright Enterprises v. Raimondo, in which the petitioner asks the ...