Creatures of Statute III: Congress’ Responsibility to Answer the Major Questions
The Federalist Society’s Regulatory Transparency Project and Capitol Hill Chapter hosted the third in a lecture series on the administrative state. The subject of this discussion was the major questions doctrine and how Congress may respond to the Supreme Court’s decision in West Virginia v. EPA.
Arguably unenforced for some time, recent federal court cases have once again raised the specter of nondelegation doctrine. In so doing, cases such as West Virginia v. EPA at the Supreme Court, and the 5th Circuit’s decision in Jarkesy v. SEC, arguably throws into question the status quo under which administrative agencies have heretofore operated.
In this final event in our co-sponsored luncheon series on the administrative state, experts investigated the impact such cases may have on Congress in terms of lawmaking delegation, and looked to forecast what Congress can expect if SCOTUS continues to enforce the nondelegation doctrine while moving away from former deference doctrines.
Senior Fellow, Governance Studies
Senior Counsel, Committee on Oversight and Reform
U.S. House of Representatives
United States District Court, District of Columbia
Federalist Society’s Capitol Hill Chapter