Major Questions Doctrine Hands Power to Judges After Chevron

The major questions doctrine, which has been gaining momentum as the Chevron doctrine withers, could empower judges to invalidate almost any significant agency action that’s inconsistent with the governing philosophy of the president who appointed the judge.

The doctrine, in effect, directs courts to reject agencies’ interpretation of statutes on major questions—those of national political or economic significance—unless there’s a clear authorization from Congress to accept them.

The Supreme Court announced and applied this important new doctrine, known as MQD, in its 2021 opinion in Alabama Association of Realtors v. Department of Health & Human Services. The high court has since applied the MQD in three other cases, and lower courts have applied it in 38 cases.

Source: Major Questions Doctrine Hands Power to Judges After Chevron