Justices Cement ‘Major Questions’ as Test for Sweeping Rules

The Supreme Court’s conservative majority curtailed the Biden administration’s ability to tackle climate change by invoking the “major questions” doctrine, a concept that’s been percolating for decades but only now was more fully fleshed out.

Chief Justice John Roberts said agencies “must point to clear congressional authorization” when undertaking policies of great “economic and political significance.” The justices will be skeptical of sweeping agency action, particularly when the stakes are high, Roberts wrote for a 6-3 court in a ruling likely to have an impact well beyond environmental regulation.

Writing for the dissent, Justice Elena Kagan suggested the opinion “announces ...