OPINION - Analysis and Summary - "Major Questions Doctrine Hands Power to Judges After Chevron"
This article by Richard Pierce examines the Major Questions Doctrine (MQD)
and its potential consequences for regulatory power.
Original source:
Here's a breakdown of the key points:
Shifting Landscape:
- Chevron Deference Weakening: The legal principle giving deference to
agencies' interpretations of statutes (Chevron deference) seems to be
losing ground in the Supreme Court.
Rise of the Major Questions Doctrine (MQD):
- This emerging doctrine empowers courts to reject
agency interpretations on issues of significant national political or
economic importance unless Congress explicitly authorizes such actions.
- This potentially grants judges broad power to
strike down agency regulations based on personal views, not necessarily
clear legal grounds.
Impact on Agencies:
- Alabama Association Case (2021): This landmark case established the MQD by
invalidating the CDC's eviction moratorium during the pandemic.
- The Supreme Court has since applied the MQD in
other cases, impacting areas like environmental and health regulations.
- Lower courts are increasingly using the MQD,
potentially paralyzing agencies' ability to take significant regulatory
actions.
Uncertain Application:
- There's no clear definition of "major
national significance" or how to measure economic or political
significance.
- This ambiguity leads to inconsistent application
of the MQD across courts.
Political Concerns:
- A study suggests judges might be using the MQD
for politically motivated invalidation of agency actions, aligning with
the appointing president's party.
Potential Consequences:
- Widespread use of the MQD could significantly
hinder agencies' ability to regulate effectively.
Author's Perspective:
- Richard Pierce, an administrative law expert,
expresses concern that the MQD grants judges excessive power and
undermines effective regulation.
Overall, the article highlights a critical
debate about the balance of power between courts and agencies in interpreting
laws. The growing prominence of the MQD could have significant implications for
the future of regulatory policy in the United States.
Jaime R. Escalona
On behalf of COViSAL for Restitution, since 2009.
https://www.covisal.org/
Twitter: @COViSAL
jaenrodes@covisal.org
jaenrodes@gmail.com
Con DIOS, superaremos todos los obstáculos
/ With GOD, we'll overcome all obstacles
