Supreme Court's 'Major Questions' Doctrine: Background and Recent Developments [May 17, 2022] [open pdf - 886KB]
From the Document: "Congress frequently delegates authority to agencies in general or broad terms to promulgate regulations that advance the goals Congress has identified. In a number of decisions, however, the Supreme Court has declared that if an agency seeks to decide an issue of major national significance, a general delegation of authority may not be enough; instead, the agency's action must be supported by clear statutory authorization. Courts, commentators, and individual Supreme Court Justices have referred to this doctrine as the 'major questions doctrine' (or major rules doctrine), although the Supreme Court has never used that term in a majority opinion. The Supreme Court has recently signaled an increased interest in applying the major questions doctrine as a principle of statutory interpretation in challenges to significant agency actions. This Sidebar provides an overview of the major questions doctrine, discusses cases this term in which the Court has invoked or may invoke the doctrine, and identifies considerations for Congress in crafting legislation against the backdrop of the doctrine."
CRS Legal Sidebar, LSB10745
Congressional Research Service: https://crsreports.congress.gov/