Has the Major Questions Doctrine Given Judges Too Much Power?

When the Supreme Court struck down Donald Trump’s tariffs in February 2026, several justices relied on a doctrine that has rapidly become central to the court’s power over federal agencies: the Major Questions Doctrine. It holds that agencies must point to clear congressional authorization when they take actions of major political or economic significance, with courts ultimately deciding what counts as “major” and how clear Congress must be.

In this video, we trace the origin and rise of the Major Questions Doctrine, from its roots in earlier debates over agency power to its formal emergence in a 2022 Supreme Court ruling, and examine the growing divide among the justices over how it should be applied. The split in the tariffs case suggests the doctrine is still very much unsettled.

FEATURING
Cary Coglianese, Professor of Law, Penn Carey Law School

Michael Ramsey, Professor of Law, University of San Diego Law School