Federalist Society Annual Faculty Conference Luncheon Debate - Resolved: The Major Questions Doctrine Has No Place in Statutory Interpretation

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Session Type: Other Organization Events

Session Capacity: N/A

Location: N/A

Room: Marina Ballroom Salon G

Floor: Third Floor, South Tower

In West Virginia v. EPA, decided this last term, the Supreme Court invoked the Major Questions Doctrine to reject EPA's claim that the Clean Air Act granted it the authority to require power plants to shift from generating electricity through coal to doing so through natural gas. Should the Doctrine continue to play a role in the interpretation of federal statutes? Is the Major Questions Doctrine consistent with textualism? How does it relate to non-delegation? Does it really protect congressional primacy in policymaking or is it cover for gridlock and imposition of the judiciary's policy preferences?