Big Men on Campus
Law Talk With Epstein, Yoo & Cooke
00:00
The Conservative Majority on the Court Is Concerned About the Major Questions Doctrine in the West Virginia EPA Case
There is a notable and one might say cynical rhetorical shift that's going on in the press with some support from the bench it's very clear from the oral arguments in this case that especially where the conservative majority on the court is concerned. The idea that the executive branch can't create these vast consequential programs without pretty explicit instructions to that in from the legislative branch has been around since chief justice marshal first mentioned it back in the early 19th century. John Avlon: This is a judicial fiction conjured up to solve a political problem for conservatives john Avlon says.
Transcript
Play full episode
