“Major questions” doctrine. The decision pivots around agencies exceeding their Congressionally delegated authority. According to Justices Roberts and Cavanaugh, regulators should not act on issues of great “economic and political significance” without “clear congressional authorization.”
What is “major”? The ruling offers few guidelines The EPA was dressed down for trying to use its powers in new ways, and where Congress could have allegedly passed legislation.
Who decides? Accordingly, the Supreme Court. The decision positions the high court as the chief arbiter of whether a regulatory policy decision is or is not a “major question” requiring legislative involvement.
Ripple effects: The EPA ruling spells trouble for the Federal Trade Commission and Federal Communications Commission – agencies that need to push past aging laws to regulate evolving tech. The FTC wants to create dramatically different privacy rules; the FCC is attempting to restore net neutrality with an eye towards European style platform regulations.
Privacy and equitable access, like clean air and water, are undoubtedly issues of great societal and digital-ecological importance. Should a polarized SCOTUS have the power to make regulatory policy judgements? This in itself is a “major question” requiring a politically neutral Supreme Court to answer.
