Essays

The Major Questions Doctrine: Right Diagnosis, Wrong Remedy

The Supreme Court’s “major questions” doctrine has been attacked as an attempt to revive the nondelegation doctrine. The better view is that this statutory interpretation responds to perceived failings of the Chevron doctrine, which has governed court-agency relations since 1984. This article criticizes the major question doctrine and proposes modifications to the Chevron doctrine that would partially correct its failings while preserving the traditional interpretive role of courts.

Monday, November 13, 2023 1 min read By:

Thomas W. Merrill,

Research Team: Center for Revitalizing American Institutions,

The Major Questions Doctrine: Right Diagnosis, Wrong Remedy

By: Thomas W. Merrill

Abstract: The Supreme Court’s “major questions” doctrine has been attacked as an attempt to revive the nondelegation doctrine. The better view is that this statutory interpretation responds to perceived failings of the Chevron doctrine, which has governed court-agency relations since 1984. This article criticizes the major question doctrine and proposes modifications to the Chevron doctrine that would partially correct its failings while preserving the traditional interpretive role of courts.

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About the Author

Thomas W. Merrill is the Charles Evans Hughes Professor of Law at Columbia Law School. From 1987 to 1990 he was deputy solicitor general in the US Department of Justice. Merrill has taught administrative law, among other subjects, for many years. He is the author of The Chevron Doctrine: Its Rise and Fall, and the Future of the Administrative State.

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The Major Questions Doctrine: Right Diagnosis, Wrong Remedy by Thomas W. Merrill

The Administrative State, Inside Out by Cass R. Sunstein