Tom Merrill, one of the most cited legal scholars in the U.S., teaches and writes about administrative, constitutional, and property law, among other topics. Merrill has written scholarly articles and several Supreme Court amicus briefs on when and how much weight courts should give administrative interpretations of law in different contexts.
West Virginia v. EPA: Getting to Actual Delegation
The Court should assimilate the “major questions” doctrine of West Virginia v. EPA and its precedents—including Chevron and what came even before that—to an approach that asks whether Congress has made an actual delegation. Only this will serve the relevant separation-of-powers principle.
