In the Slaughter case, the Court ignored the Founders, discarded precedent, and handed the president vast new powers.
major questions doctrine
Posted inLaw and Justice
How the Supreme Court’s Tariff Ruling Could Save the Civil Service
Its rebuke of Trump tariffs might mean serious problems for other Trump initiatives. Much depends on the Court’s internal fight over the “major questions doctrine.”
Posted inLaw and Justice
Trump Tariffs Under Legal Fire: What You Need to Know
Are Trump’s Tariffs Even Legal? As a little-known trade court rules against the president, all eyes turn to the Supreme Court and how it will navigate its own Major Questions Doctrine.
Posted inMagazine
Reconstruct the Administrative State
This article is from a cover package of essays entitled Ten New Ideas for the Democratic Party to Help the Working Class, and Itself. Find the full series here. The impending return of aggressive right-wing presidentialism under Donald Trump is likely to take on a dangerous double character. On one side, those parts of the administrative state […]
Posted inLaw and Justice
Musk and Ramaswamy’s DOGE Project to Eviscerate the Federal Government is a Legal Train Wreck
The half-truths and lies in their “Department of Government Efficiency” blueprint for kneecapping the administrative state begin to expose the plan’s vulnerabilities.
Posted inLaw and Justice
Protecting Biden Administration Regulations from Regime Change and Skeptical Courts
As agencies race to put new regulations into final form, careful drafting can help insulate progressive rules against a skeptical judiciary.
Posted inLaw and Justice
This Will Be a Big Year for The Roberts Court’s Major Questions Doctrine
As administrations do in their final years, the Biden administration will produce a flurry of new rules and regulations in 2024. Enter the shapeshifting, ill-defined legal principle businesses and conservatives will use to hinder agency discretion.
Posted inLaw and Justice
The Conservative Justices and the “Major Questions” Hustle
Conservative jurists demand “textualism” to get what they want, except when a statute’s words thwart their desired goal. But by using a new trick, they break their own rules. That’s how they blew up the EPA’s Clean Power Rule and may soon eviscerate Biden’s student loan relief.
Posted inLaw and Justice
On Regulation and Immigration, the Supreme Court Tried to Seem Reasonable
Their end-of-term decisions on greenhouse gas regulation and migrants from Mexico could have been worse, but the conservative justices are still pushing the Court rightward.
