All Predictions Wrong

All Predictions Wrong

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All Predictions Wrong
All Predictions Wrong
The “major questions doctrine” is itself a major question

The “major questions doctrine” is itself a major question

Congress lets the Supreme Court run amok because that way Congress can blame the Supreme Court

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Gregg Easterbrook
Aug 29, 2023
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All Predictions Wrong
All Predictions Wrong
The “major questions doctrine” is itself a major question
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Federal courts love to invent theories, doctrines and balancing tests. This gives judges and justices something to do -- something that sounds like being in the Oval Office. Sometimes the theories, doctrines and balancing tests have lasting value, sometimes are shown the door by the next set of judges and justices. It’s a full employment act for law professors.

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