386: Major Questions About Major Questions

Corbin Barthold (TechFreedom) provides a guided tour of the Supreme Court’s major questions doctrine.

Topics include:

• Major questions: an introduction
• No one knows what it means, but it’s provocative
• Is major questions new?
• Stories we tell about Congress
• Welcome to the kludgeocracy
• Politics vs. expertise
• The Supreme Court cannot save us

Links:

West Virginia v. EPA: Sound and Fury, Signifying What?

Tech Policy Podcast 311: Administrative Law, and Why You Should Care