On Wednesday, March 16th, at 1:30, the American Bar Association has organized an hour-long CLE webinar on the major questions doctrine. Tom Dupree and I will be discussing the doctrine and its implications for the administrative state, with Cheyenne Chambers moderating. It’s free for ABA members, and you can register here.
Here’s the webinar description:
In decisions ranging from OSSHA’s vaccine-or-testing mandate to EPA’s authority to regulate carbon emissions, the Supreme Court has relied on a relatively uncharted principle known as the major questions doctrine to sharply curtail agency authority. That principle, which evaluates several non-exclusive factors to determine whether Congress has clearly authorized agencies to make “decisions of vast economic and political significance,” has the potential to affect a sea change in administrative law-or, perhaps, to be applied only in truly extraordinary circumstances. This panel will explore the likely evolution of the doctrine as well as its potential effects on the bounds of agency authority going forward.