Essays

The Major Questions Doctrine: Right Diagnosis, Wrong Remedy

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.

Monday, November 13, 2023 1 min read By:

Thomas W. Merrill,

Research Team: Center for Revitalizing American Institutions,