Why Trump's "Liberation Day" Tariffs are Illegal
They weren't authorized by Congress and go against the major questions and nondelegation doctrines.
Major Questions Doctrine
Challenging Trump's Tariffs Under the Major Question Doctrine
Georgetown law Prof. Jennifer Hillman explains why Trump's tariffs are vulnerable to challenge on this basis.
Challenge Trump's Tariffs Under the Nondelegation and Major Questions Doctrines
Recent Supreme Court precedent suggests such challenges might prevail, though success is not guaranteed.
Of Babysitters and Major Questions
Survey data casts doubt on the textualist rationale for the major questions doctrine that I and others have advanced. But perhaps not as much doubt as it might seem.
Justice Barrett's Textualist Defense of the Major Questions Doctrine
In today's student loan decision, Justice Barrett offers a textualist rationale for this controversial rule. I have made similar arguments myself.
A Major New Defense of the Major Questions Doctrine
Legal scholar Ilan Wurman argues the controversial doctrine is justifiable on textualist and linguistic grounds.
A Textualist Defense of the Major Questions Doctrine
Critics claim the doctrine is obviously at odds with textualism. But that isn't the case.
Originalism and the "Major Questions" Doctrine
Originalist legal scholars Mike Ramsey and Mike Rappaport debate whether the major questions doctrine - an important theory underlying several recent Supreme Court decisions - can be squared with originalism or not.
