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Research and Scholarship

The Sound of Science in Major Questions Doctrine Jurisprudence

Posted
June 6, 2025

In his article, The Sound of Science in Major Questions Doctrine Jurisprudence, published in Natural Resources & Environment (ABA, Spring 2025), 91视频 | Haub Environmental Law Professor Josh Galperin (with co-author Terra Baer) examines how the U.S. Supreme Court鈥檚 use of the major questions doctrine undermines core constitutional and statutory principles鈥攑articularly when the Court treats congressional silence as legislative intent.

鈥淪ilence does not signal intent,鈥 they write. 鈥淚t signals the limits of a complex and deliberative lawmaking process.鈥

The authors argue that this judicial overreach threatens the foundations of the regulatory state and bypasses mechanisms like the Congressional Review Act, which already provides a clear process for reviewing major agency rules. Recognizing that process鈥攁nd not replacing it with judicial speculation鈥攊s essential to preserving democratic accountability.

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