Professor Aaron Saiger shares his expert opinion in a Bloomberg Law article discussing the current Supreme Court’s stance on the “major questions doctrine.”
The high court’s discussion of the “major questions doctrine” late last week left some legal observers wondering if the justices will expand its use to tie agencies’ hands in the face of emerging threats like the coronavirus pandemic.
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The Supreme Court hasn’t been clear about how it determines what questions are major, said Aaron Saiger, a professor at Fordham University.
“Part of me has a sense that the rough test is whether the question has been on the front page of the Times, Wall Street Journal, and the Washington Post,” Saiger said. “That is sort of an alarming way to deal with these things.”