The Supreme Court Conservatives’ Favorite New Weapon for Kneecapping the Administrative State ...Middle East

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The Supreme Court Conservatives’ Favorite New Weapon for Kneecapping the Administrative State
Over the last two years, the Supreme Court’s six conservative justices have wielded tremendous power over federal decision-making by striking down a wide range of consequential policies: the Centers for Disease Control’s national eviction moratorium, the Occupational Safety and Health Administration’s Covid-19 testing mandate, and a moribund Obama-era rule on power-plant emissions. If the justices likewise nullify President Biden’s executive order on student debt relief, they will use the same mechanism as in those prior examples: the major questions doctrine.That doctrine, which allows the justices to overturn a federal regulation if they think Congress didn’t “speak clearly” enough to auth

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