Tag: Major Questions Doctrine

West Virginia v. EPA Part III: Roberts Puts A Band-Aid On The Regulatory State

The decision in West Virginia v. EPA, which saw the five more-or-less originalist judges on the Supreme Court (Justices Thomas, Alito, Bryant, Kavanaugh, and Gorsuch) join Chief Justice Roberts to uphold the extra-constitutional administrative state, is gut-wrenching.  It will not even be a speed bump on the unconstitutional march of

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