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NYT: The Conservative Legal Doctrine That Could Undo Trump's Agenda
NYT - (archived: https://archive.ph/srRSH ) The Conservative Legal Doctrine That Could Undo Trump’s Agenda
April 20, 2025, 1:00 a.m. ET
By Aaron Tang
Mr. Tang is a professor at the University of California, Davis, law school and a former law clerk to Justice Sonia Sotomayor.
A legal doctrine popularized by conservatives on the Supreme Court to constrain the reach of regulatory agencies is now being brandished by opponents of President Trump to challenge his seemingly boundless claims of presidential power.
It is quite a turnaround.
In the hands of the conservative justices, the so-called major questions doctrine was used to strike down the Biden administration’s student loan forgiveness program and to limit the Environmental Protection Agency’s ability to regulate greenhouse gas emissions.
The doctrine, a particularly potent brand of judge-made law that coalesced in Supreme Court rulings in recent years, requires the government to point to a “clear congressional authorization” when it makes decisions of great “economic and political significance.”
Now, as the saying goes, what goes around, comes around. And it is not likely to be good for Mr. Trump.
/snip
April 20, 2025, 1:00 a.m. ET
By Aaron Tang
Mr. Tang is a professor at the University of California, Davis, law school and a former law clerk to Justice Sonia Sotomayor.
A legal doctrine popularized by conservatives on the Supreme Court to constrain the reach of regulatory agencies is now being brandished by opponents of President Trump to challenge his seemingly boundless claims of presidential power.
It is quite a turnaround.
In the hands of the conservative justices, the so-called major questions doctrine was used to strike down the Biden administration’s student loan forgiveness program and to limit the Environmental Protection Agency’s ability to regulate greenhouse gas emissions.
The doctrine, a particularly potent brand of judge-made law that coalesced in Supreme Court rulings in recent years, requires the government to point to a “clear congressional authorization” when it makes decisions of great “economic and political significance.”
Now, as the saying goes, what goes around, comes around. And it is not likely to be good for Mr. Trump.
/snip
2 replies
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