September 06, 2022

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.