Fannie Mae-No Politics (FNMA)

[Robert from yahoo bd]

"The major questions doctrine is an outgrowth of an approach favored by many conservatives and business groups to curb what they call the excesses of the "administrative state." They object to what they see as accumulated power by the U.S. government's executive branch without proper checks by the courts and Congress.

The conservative justices already have shown skepticism toward giving deference to federal agency decisions.

"It now looms over any big agency action that the administration wants to do," University of San Diego law professor Mila Sohoni said of the major questions doctrine. "The doctrine allows courts a great deal of leeway to pick and choose which agency actions to strike down and which to sustain.""

https://www.reuters.com/world/us/us-supreme-courts-major-questions-test-may-doom-biden-student-debt-plan-2023-02-23/

"The major questions doctrine has surfaced in Supreme Court decisions since 1994, according to a Congressional Research Service report issued last year.

But the Supreme Court’s conservative majority expressly referenced the doctrine for the first time in a decision last term, which found that the EPA did not have the authority to address the major question of greenhouse gas emissions under current law.

Steven Schwinn, a law professor at the University of Illinois Chicago, said the Supreme Court in these cases may expand the doctrine to agency actions outside of rule-making."

https://rollcall.com/2023/02/24/republicans-argue-biden-student-debt-program-is-major-question/

"West Virginia is “another example of how administrative law is being taken over by environmental law,” said Cruden, who worked at the Justice Department’s environment division under Democratic and Republican administrations and led it under former President Barack Obama. “It’s going to be an often-cited case, but the boundaries of this are hardly certain.”

The Supreme Court may soon have the chance to more clearly define the doctrine in an upcoming battle over President Joe Biden’s student debt relief plan or in other regulatory cases that are currently making their way through the lower courts.

For now, said Cruden, figuring out when to apply the major questions doctrine is a bit like former Supreme Court Justice Potter Stewart’s infamous threshold test for obscenity: “I know it when I see it.”"

https://www.eenews.net/articles/scotus-stocks-docket-with-blockbuster-regulatory-battles/