Document Type
Article
Publication Date
2023
Abstract
The Supreme Court’s “major questions” doctrine has been attacked as an attempt to revive the nondelegation doctrine. The better view is that this statutory interpretation responds to perceived failings of the Chevron doctrine, which has governed court-agency relations since 1984. This article criticizes the major question doctrine and proposes modifications to the Chevron doctrine that would partially correct its failings while preserving the traditional interpretive role of courts.
Disciplines
Administrative Law | Courts | Law | Supreme Court of the United States
Creative Commons License
This work is licensed under a Creative Commons Attribution-No Derivative Works 4.0 International License.
Recommended Citation
Thomas W. Merrill,
The Major Questions Doctrine: Right Diagnosis, Wrong Remedy,
Stanford University, The Hoover Institution Center for Revitalizing American Institutions
(2023).
Available at:
https://scholarship.law.columbia.edu/faculty_scholarship/4197