Scholarship@WashULaw

Document Type

Article

Publication Date

2024

Publication Title

Administrative & Regulatory Law News

Abstract

Questions about the legitimacy of recent Supreme Court decisions are occupying an increasingly prominent place in public law discourse. Last February, a widely discussed feature in the New York Times quoted several well-known law professors' laments that multiple decision by the newly empowered conservative majority of the Court have departed so far from accepted constitutional premises that the professor could not figure out how to teach them to their students

...

With due respect to the Chief Justice, I will explain here why the MQD is itself among the few legal developments that I would describe as giving rise to serious concerns about legitimacy.

Keywords

Supreme Court, MQD, Major Questions Doctrine, Court Legitimacy, Chevron

Publication Citation

Ronald M. Levin, Legitimacy and the Major Questions Doctrine, 49 Admin. & Reg. L. News 15 (2024)

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