Tag: Major Questions

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…

Read More

Why Binance, Coinbase, Ripple and Other Crypto Firms Cite the ‘Major Questions’ Doctrine During Legal Imbroglios

Coinbase, the largest U.S. crypto business, is arguing along the same lines. Like Binance, Coinbase argued that the SEC doesn’t have explicit permission to say whether it is an unlicensed securities exchange, and cited the “major questions” doctrine in a brief meant to quickly expel the SEC’s lawsuit. Last week, the SEC fired back against Coinbase’s brief in what has…

Read More

SEC argues Coinbase crypto case not barred by ‘major questions’ doctrine | Reuters

The U.S. Securities and Exchange Commission asserted on Tuesday that its crypto enforcement campaign is not barred by the U.S. Supreme Court’s “major questions doctrine,” countering sweeping arguments by the crypto exchange Coinbase that Congress has not authorized the SEC to police the industry. The agency’s defense of its enforcement power came in a brief opposing Coinbase’s motion for a…

Read More

The Supreme Court could stop the SEC’s war on crypto

In recent landmark cases that curbed executive overreach in both the Obama and Biden administrations, the Supreme Court has underscored the importance of the major questions doctrine. This doctrine underlines the crucial point that when agencies attempt to regulate questions of significant national or political importance, they must have explicit authorization from Congress. *** The Supreme Court’s decision striking down…

Read More