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The Major Questions doctrine is an invention of the Roberts court that no court before has even considered. So yeah, they made up new rules, and yes, you're ri
by asdajksah2123 4y ago
The Major Questions doctrine is an invention of the Roberts court that no court before has even considered.
So yeah, they made up new rules, and yes, you're right, that the rules they made up to achieve a certain goal indicate that those goals are indeed correct.
Edit: The unsaid part of the "Major Questions" doctrine is that what it basically means is that the only decision maker in the US government is the Supreme Court.
This Supreme Court has chosen to parse Congress's bills text both strictly and loosely depending on whether it achieved their political priors. Further, they've alternatively decided to use, and disallow the usage of public statements by Congress members and/or the President for the same reason.
This is little more than a dismantling of the US govt.
- kemayo 4y agoTo quote Kagan's dissent in this case: "The current Court is textualist only when being so suits it. When that method would frustrate broader goals, special canons like the 'major questions doctrine' magically appear as get out-of-text-free cards".
- rufus_foreman 4y ago>> The Major Questions doctrine is an invention of the Roberts court that no court before has even considered "The major questions doctrine originated in two Supreme Court decisions: MCI Telecommunications Corporation v. American Telephone & Telegraph in 1994 and FDA v. Brown & Williamson Tobacco Corporation in 2000." -- https://www.theregreview.org/2021/11/15/revesz-brunstein-regulatory-comments-major-questions-doctrine/ https://www.theregreview.org/2021/11/15/revesz-brunstein-reg... Roberts was appointed to the Supreme Court in 2005.