ANALYSIS: The Major Questions Doctrine Was Waiting in the Wings

After stealing the spotlight from the Chevron doctrine in the US Supreme Court’s majority opinion last month in West Virginia v. EPA, the major questions doctrine is set to take a starring role in future Supreme Court opinions on the scope of agency power.

The doctrine featured prominently in Chief Justice John Roberts’ opinion, which held that the Clean Air Act didn’t authorize the EPA’s Clean Power Plan. It was also the focus of Justice Neil Gorsuch’s lengthy concurrence, signaling that others on the high court will emphasize the doctrine going forward.

I reviewed some of the history of ...