Major questions doctrine

Major questions doctrine is an independent, stand-alone exception to Chevron doctrine in administrative law. It is also known by the expression "major questions exception," because it is a narrow (and debatable) exception to a well-established precedent.

In a nutshell, major question doctrine establishes that little or no deference will be allowed by courts in review of agency decisions that implicate major issues, such as whether the FDA has the authority to regulate tobacco.

Major questions doctrine was invoked when the Supreme Court, by a 6-3 large margin, struck down Biden's $400 billion loan forgiveness, on June 30, 2023.

As of June 29, 2022, only 29 federal court opinions (none of them Supreme Court majority decisions) had cited "major questions doctrine," and no state court opinions had. But on June 30, 2022, the U.S. Supreme Court endorsed it by a 6-3 vote in order to invalidate a plan by the EPA to force coal plants to use alternative energy, in West Virginia v. EPA, No. 20-1530:

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To resolve today’s case the Court invokes the major questions doctrine. Under that doctrine’s terms, administrative agencies must be able to point to “‘clear congressional authorization’” when they claim the power to make decisions of vast “‘economic and political significance.’” Ante, at 17, 19. Like many parallel clear-statement rules in our law, this one operates to protect foundational constitutional guarantees.

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