The Major Question Doctrine

Rihk, as a major question doctrine has historically just been invoked when an agency is seeking deference to its interpretation of a statute. Here we're talking about a completely transformed major question doctrine, he says. Rihk: It wasn't clear to me if they were saying, congress may give gencies the power to act in these big, important spheres if they do so in hyper, hyper clearer and explicit terms. But either way, i guess maybe as a technical matter, they were saying congress could give agencies as power if it acted clearly enough.