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Public Institutions/Administrative Law - Fall 2022
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The Supreme Court is Making America Ungovernable

Lisa Heinzerling

Natalie Gomez-Velez

 

Lisa Heizerling argues that the Supreme Court's revival of the non-delegation doctrine through its creation of the "major questions doctrine" severely hampers the federal government's ability to regulate important matters like greenhouse gases. The Court is simultaneously limiting the scope of agency action based on broad congressional delegations and requiring Congress to legislate in unrealistically specific ways.

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