Necessary & Proper Episode 81: Creatures of Statute III: Congress’ Responsibility to Answer the Major Questions

On October 17, 2022, the Federalist Society’s Regulatory Transparency Project and Capitol Hill Chapter hosted part III in a lecture series on the administrative state. This discussion covered the major questions doctrine and how Congress may respond to the Supreme Court’s decision in West Virginia v. EPA.
Arguably unenforced for some time, recent federal court cases have once again raised the specter of nondelegation doctrine. In so doing, cases such as West Virginia v. EPA at the Supreme Court, and the 5th Circuit’s decision in Jarkesy v. SEC, arguably throws into question the status quo under which administrative agencies have heretofore operated.
This final event in the co-sponsored luncheon series on the administrative state investigated the impact such cases may have on Congress in terms of lawmaking delegation, and forecasted what Congress can expect if SCOTUS continues to enforce the nondelegation doctrine while moving away from former deference doctrines.
Featuring:

Sarah Binder, Senior Fellow, Governance Studies, Brookings Institution
Daniel Flores, Senior Counsel, Committee on Oversight and Reform, House of Representatives
Moderator: Hon. Trevor McFadden, Judge, United States District Court, District of Columbia