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by jxdxbx
677 days ago
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The Major Questions Doctrine is just a way for the Court to reject a reading of a statute even it agrees is supported by the plain text. It a statute gives an agency broad authority, the agency should have broad authority, and if Congress doesn't like it, it can claw it back. All the Supreme Court did in the EPA cases was insert its own policy preferences for that of the elected branches by inventing a notion that a statute needs to be super-duper extra clear if agencies want to do something businesses don't like. Bravo for helping convince the Court to adopt this intellectually bankrupt framework. |
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