"The Origins of the Major Questions Doctrine" by Rachel Rothschild
 

Document Type

Article

Publication Date

Fall 2024

Abstract

In a series of recent cases, the Supreme Court has invoked the newly named “major questions doctrine” to strike down agency regulations that protect public health and the environment. Several Justices have argued that while the name “major questions” may be new, these decisions are simply the latest iteration in a longstanding effort of the courts to curtail the explosive growth of the administrative state since 1970. The first paradigmatic example of this line of cases is the 1980 “Benzene” case, in which the Supreme Court set aside the Occupational Safety and Health Administration (OSHA)’s new workplace standards for the toxic chemical benzene.

Comments

Reproduced with permission. Originally published as Rothschild, Rachel (2024) "The Origins of the Major Questions Doctrine," Indiana Law Journal: Vol. 100: Iss. 1, Article 2. Available at: https://www.repository.law.indiana.edu/ilj/vol100/iss1/2


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