Abstract
The Major Question Doctrine has emerged as an apparently powerful new tool for courts when deciding issues involving federal agencies. In West Virginia v. EPA, the Supreme Court bolstered a major questions exception that had operated in the background of previous Court decisions, labeling it the Major Question Doctrine. Under the Major Question Doctrine, courts must ask if the question presented by an agency’s rule is an economically or politically significant question. If the court decides that it is, the court must identify clear congressional authorization for the rule to uphold the rule. This Note briefly follows the development of the Major Question Doctrine through the Court’s jurisprudence and attempts to explain how the Doctrine functions. This Note also identifies flaws, ambiguities, and confusion resulting from the Court’s decision. Finally, this Note attempts to predict the effect that the Major Question Doctrine will have on present and future challenges to rules and regulations promulgated by the Department of Labor and other federal labor agencies.
Recommended Citation
Woodruff, Daniel
(2024)
"Whose Lane is it Anyway: Anticipating the Effects of the Supreme Court's Major Question Doctrine on the Department of Labor,"
University of Florida Journal of Law & Public Policy: Vol. 34:
Iss.
2, Article 8.
Available at:
https://scholarship.law.ufl.edu/jlpp/vol34/iss2/8