The Major Questions Doctrine in the Supreme Court

The major question doctrine essentially says that the court expects Congress to speak clearly if it wishes to assign to an agency decisions of vast economic and political significance. Al Franken: It was just invented by Republicans who are trying to make it impossible for regulatory agencies to do their job. And Justice Kagan's dissent in this case is a scorcher because she ends where you and I began, which is essentially this is destroying the legitimacy of the court.