Professor Chad Squitieri debated the major questions doctrine at the 24th Annual Federalist Society Conference in San Diego. Professor Ilan Wurman, Sandra Day O'Connor College of Law, represented the pro side and Professor Squitieri opened with the con. The event was moderated by Professor Christopher J. Walker, Professor, University of Michigan Law School.

Click here to view the debate. Below is a description of the event.

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In West Virginia v. EPA, decided this last term, the Supreme Court invoked the major questions doctrine to reject EPA's claim that the Clean Air Act granted it the authority effectively to require power plants to shift from generating electricity through coal to doing so through natural gas, wind, or solar sources. Should the doctrine continue to play a role in the interpretation of federal statutes? Is the major questions doctrine consistent with textualism? How does it relate to the nondelegation doctrine? Does it really protect congressional primacy in policymaking, or is it cover for deregulatory gridlock and the imposition of the judiciary's policy preferences?
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