Supreme Court's Major Questions Doctrine Under Scrutiny as Justices Test Limits of Judicial Review

The Supreme Court has increasingly relied on the "major questions doctrine" to restrain major Biden administration programs, using a judicially created principle of statutory interpretation that requires Congress to use clear and direct language when authorizing sweeping economic actions. This doctrine, which originated in the 1970s, has been used to block programs addressing climate change, student loan forgiveness, and the ongoing COVID-19 pandemic. The court's commitment to the doctrine will be put to the test next week as it hears arguments about President Trump's tariffs program.

Key Takeaways:

• The major questions doctrine requires Congress to use plain and direct language to authorize sweeping economic actions by the executive branch, as stated in the 1976 Supreme Court case.
• The doctrine has been used to reject several major Biden administration programs, including its efforts to address climate change, student loan forgiveness, and the ongoing COVID-19 pandemic.
• The doctrine's application will be tested in the upcoming case related to President Trump's tariffs program, where the Supreme Court will examine whether the 1977 law used to justify the tariffs meets the plain language test.
• The case will raise questions about the doctrine's consistency and its potential impact on ongoing efforts to address pressing national issues.
• Justice Brett M. Kavanaugh has been instrumental in shaping the major questions doctrine, using the phrase in a 2017 dissent and later proposing a distinction that could lay the groundwork for a decision in Trump's favor.
• A 2022 Supreme Court decision, led by Chief Justice John G. Roberts Jr., represents a significant development in the doctrine's application, where the court curtailed the E.P.A.'s power to address climate change without clear congressional authorization.
• The doctrine's use has sparked controversy, with some arguing it creates "special canons" that selectively target disfavored programs, as argued by former Justice Elena Kagan.

Statistics:

• The major questions doctrine has been used to block at least three major Biden administration programs since its increased application in 2022.
• The doctrine has been applied to issues with vast economic consequences, such as climate change, where sums involved are measured in the trillions of dollars.
• The tariffs program at issue has economic consequences of over $500 billion, which dwarfs the roughly $500 billion at issue in President Joseph R. Biden Jr.'s student loan forgiveness program.

Sources:

• "Confirmation mess, or what happens when the nominees teach separation of powers" by Judge Kavanaugh (2018)
• "Foreign Affairs, Nondelegation and the Major Questions Doctrine" by Judge Harold A. Rovner and Professor Stephen M. Griffin, published in The University of Pennsylvania Law Review
• "The Supreme Court's Major Questions Doctrine: A Case Study" by Professor Goldsmith (2022)