Mastodawn

JB Emmons Jul 1, 2023

A brief but smart critique of Justice Barrett's defence of the major questions doctrine #MQD in her 𝘉𝘪𝘥𝘦𝘯 𝘷. 𝘕𝘦𝘣𝘳𝘢𝘴𝘬𝘢 concurrence

https://www.yalejreg.com/nc/lets-talk-about-that-barrett-concurrence-on-the-contextual-major-questions-doctrine-by-beau-j-baumann/

Let’s talk about that Barrett concurrence (on the “contextual major questions doctrine”), by Beau J. Baumann - Yale Journal on Regulation

As many of you know, the Supreme Court just shot down the student-loan forgiveness plan in Biden v. Nebraska. The majority opinion written by John Roberts predictably held that the HEROES Act does not empower the Secretary of Education to cancel loans on the scale envisioned by the Biden Administration. In a separate subsection (see pgs. 19–25 […]

Yale Journal on Regulation

Peter Lincoln Lindseth Apr 21, 2023

For those working on #MQD comparatively (cc @OrentaOren), heads up that both Power and Legitimacy in 2010 https://academic.oup.com/book/7633, and my Yale piece in 2004 https://www.yalelawjournal.org/pdf/223_p4um5k9x.pdf, examine the history of the "legislative reserve" that arguably underlies doctrine here and abroad
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RT @PeterLindseth
Interesting, timely, worth the look:
José Ignacio Hernández G., The Major Questions Doctrine and…
https://twitter.com/PeterLindseth/status/1649393954339659777

Power and Legitimacy: Reconciling Europe and the Nation-State

Abstract. The implications of European integration for national democracy, representative government, and constitutionalism are well known. Nevertheless, as the

OUP Academic

­­Let’s talk about that Barrett concurrence (on the “contextual major questions doctrine”), by Beau J. Baumann­­ - Yale Journal on Regulation

Power and Legitimacy: Reconciling Europe and the Nation-State

Let’s talk about that Barrett concurrence (on the “contextual major questions doctrine”), by Beau J. Baumann - Yale Journal on Regulation