Major Questions in Lower Courts

The document examines the application of the major questions doctrine in lower federal courts, arguing that the doctrine lacks a clear framework and is being applied inconsistently, often aligning with the political affiliations of the judges' appointing presidents.

• Lower federal courts lack a unified approach to the major questions doctrine, with judges applying vastly different definitions and methods both within and across different circuits.
• The application of the major questions doctrine in lower courts appears discretionary and often correlates with the political party of the president who appointed the judge, particularly in cases involving Biden Administration executive orders and agency actions.
• Despite the Supreme Court's decisions in West Virginia v. EPA (June 2022) and Biden v. Nebraska (June 2023), the major questions doctrine remains characterized by a lack of clarity and a missing workable framework for lower courts.

APA

Brunstein, N. (2024). Major Questions in Lower Courts. Institute for Policy Integrity. https://policyintegrity.org/publications/detail/major-questions-in-lower-courts

Chicago

Brunstein, Natasha. Major Questions in Lower Courts. Institute for Policy Integrity, 2024. https://policyintegrity.org/publications/detail/major-questions-in-lower-courts.

Wikipedia

{{cite report |last1=Brunstein |first1=Natasha |title=Major Questions in Lower Courts |publisher=Institute for Policy Integrity |date=25 January 2024 |url=https://policyintegrity.org/publications/detail/major-questions-in-lower-courts |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{brunstein2024major, author = {Brunstein, Natasha}, title = {{Major Questions in Lower Courts}}, institution = {Institute for Policy Integrity}, year = {2024}, month = jan, url = {https://policyintegrity.org/publications/detail/major-questions-in-lower-courts}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }