Fannie Mae-No Politics (FNMA)

[Robert from yahoo bd]

Justice Stephen Breyer, is the one who came up with the term, "Major Questions Doctrine", and wrote an influential and important article about it during his 40 years on the bench:

"And yet, the major questions doctrine takes its name from Breyer’s own writing. When he was a judge on the U.S. Court of Appeals for the First Circuit, he wrote an article in which he advocated softening Chevron’s command that courts defer to agencies.5 Then-Judge Breyer argued that, before deferring to an agency’s statutory interpretation, courts should “ask whether the legal question is an important one.”6 As he explained, “Congress is more likely to have focused upon, and answered, major questions, while leaving interstitial matters to answer themselves in the course of the statute’s daily administration.”7 The Supreme Court agreed and cited his article in Brown & Williamson to support its decision not to defer to the Food and Drug Administration’s (FDA’s) judgment that the Food, Drug & Cosmetics Act allowed it to regulate tobacco.8"

https://www.yalelawjournal.org/forum/deference-delegation-and-divination