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.

Featuring:

Sarah Binder, Senior Fellow, Governance Studies, Brookings Institution
Daniel Flores, Senior Counsel, Committee on Oversight and Reform, House of Representatives
Moderator: Hon. Trevor McFadden, Judge, United States District Court, District of Columbia

Visit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Deep Dive 248 - Creatures of Statute III: Congress’ Responsibility to Answer the Major Questions

RTP's Fourth Branch Podcast