“That’s a huge disadvantage for any person challenging the federal government,” Severino said.Relentless, Inc. v. Department of Commerce
“The question is, what guidance do they give to the lower courts going forward? Is it that you can’t use?” Talley said of how the justices may rule.makes it too easy for each new administration, whether it’s Republican or Democratic, to change their interpretation of federal law and introduce “systematic bias into the adjudication of cases.”] makes the government a towering behemoth and it makes it hard for anybody to fight it.
A significant decision that foreshadowed the Supreme Court’s growing reliance on the major questions doctrine came in the 2022case, which limited the extent to which the EPA can regulate carbon dioxide emissions related to climate change.
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