Welcome & Luncheon Debate [2023 Faculty Conference]

Описание: Welcome featuring Hon. Lee Liberman Otis

Luncheon Debate: Resolved: The Major Questions Doctrine Has No Place in Statutory Interpretation

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 effectivaly 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?

Featuring:

Prof. Ilan Wurman, Associate Professor, Arizona State University, Sandra Day O'Connor College of Law
Prof. Chad Squitieri, Assistant Professor, Catholic University, Columbus School of Law
Moderator: Prof. Christopher J. Walker, Professor, University of Michigan Law School

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.