West Virginia vs EPA - The Major Question Doctrine

In West Virginia v. EPA, the Supreme Court held that the major questions doctrine requires courts to, “expect Congress to speak clearly if it wishes to assign to an agency decisions of vast economic and political significance.” Some argue that the Court’s opinion in the case leaves doubt as to how the doctrine will be applied in future cases and how it will impact future regulatory policy.

In the past, Executive branch agencies have invoked Title IX to introduce many new rules and regulations. Some of these rules and regulations have faced significant opposition from inside and outside of government. Do elements of modern Title IX administration constitute a major question that Congress is best suited to consider? If so, how will this impact the future administration of Title IX regulations?

Join us as Jennifer Braceras and Professor Daniel Farber discuss the future of Title IX in the wake of West Virginia v. EPA.

Featuring:

Jennifer Braceras, Director, Independent Women's Law Center

Professor Daniel Farber, Sho Sato Professor of Law, Berkeley Law

[Moderator] Farnaz Farkish Thompson, Partner, McGuireWoods LLP