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Monday, February 20, 2023 8:27:40 PM
As always I appreciate your discussion efforts. I have not studied the student loan case in any detail (yet) for its fit in MQD.
But I will note that some of these early, lower-court struggles about MQD were predicted by Professor Thomas Merrill. Linked for you is his 5-part MQD blog (slightly beyond a “basic” primer) covering West Virginia v EPA (2022).
I started you at part 3 of 5, but you can access the other 4 parts from within the article. By my personal count there’s precious few Agency Law scholars more notable than Tom Merrill.
https://reason.com/volokh/2022/07/28/west-virginia-v-epa-questions-about-major-questions/?itm_source=parsely-api
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