3 Articles
3 Articles
Could the Major Questions Doctrine Limit Reciprocal Tariffs?
Only a month before the U.S. Supreme Court handed down its June 2022 decision in West Virginia v. Environmental Protection Agency, I had written an article warning that the “major questions doctrine”—at that point a doctrine only identified in two “shadow docket cases,” which are cases on the Court’s emergency docket, decided without full briefing or oral argument—would undermine the ability of agencies to deal with changing circumstances. That …
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