Constitutional Law,
Judges and Judiciary
Mar. 20, 2023
The Major Questions Doctrine
Agency actions that have been allowed for decades now are vulnerable to challenge.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
I recently spoke to an audience of individuals who are about to begin clerkships with federal judges and I told them that three of the most important words for their work will be “major questions doctrine.” My sense is that until recently relatively few judges or even law professors had heard of it. Now it is being used to challenge countless federal regulations. Based on the recent oral arguments, it appears that it will be the basis for the Supreme Court’s invalidat...
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