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The major questions doctrine, explained.

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[-] MicroWave@lemmy.world 73 points 1 year ago

This major questions doctrine, at least as it is understood by the Court’s current majority, emerged almost from thin air in the past several years. And it has been wielded almost exclusively by Republican-appointed justices to invalidate policies created by a Democratic administration. This doctrine is mentioned nowhere in the Constitution. Nor is it mentioned in any federal statute. It appears to have been completely made up by justices who want to wield outsize control over federal policy.

[-] delial@lemmy.sdf.org 5 points 1 year ago* (last edited 1 year ago)

~~The President could stop this at any time. All he needs to do is pack the court with more justices to rebalance it. Not doing so makes him complicit.~~

Foot meet mouth. I'm an idiot.

[-] MedicPigBabySaver@lemm.ee 20 points 1 year ago

Exactly how does the president do that? He cannot expand the court on his own. Congress doesn't have enough Democrats to do it. None of the current justices are going anywhere unless they die.

[-] smithjoe1@lemmy.world 1 points 1 year ago

The French had a solution for that

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this post was submitted on 17 Jul 2023
218 points (96.2% liked)

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