On September 6, 2022, Chad Squitieri, assistant professor of law and fellow for the Project on Constitutional Originalism and the Catholic Intellectual Tradition (CIT), published an essay in Law & Liberty, which outlines why the major questions doctrine, which was formally recognized by the Supreme Court in West Virginia v. EPA, is inconsistent with textualism.

Law & Liberty
Date: September 6, 2022
By: Chad Squitieri
Major Problems with Major Questions

…

“Textualists would thus do best by rejecting the major questions doctrine and instead applying the Constitution’s limitations on delegations across the board—not just in those instances that a judge thinks to be of particular political importance.”

…

To read the full essay, click here.