The Problem of Loper Bright Delegation

The Supreme Court’s recent elimination of Chevron deference raises an important question: What happens to the major questions doctrine? A full scholarly treatment of the answer would demand more space, but one immediate consequence is evident. The doctrine now has a critical role to play in defining the post-Loper Bright limits of “delegated” authority from Congress to agencies. The Court in Loper Bright Enterprises v. Raimondo saw delegated discretion as an area where something like deference might continue apace. The major questions doctrine will help to check the limits of those delegations.