Bloomberg Law
Jan. 14, 2022, 6:54 PM UTC

Supreme Court Vaccine Decision Signals Trouble for Climate Rule

Kimberly Strawbridge Robinson
Kimberly Strawbridge Robinson
Reporter
Courtney Rozen
Courtney Rozen
Reporter

The Supreme Court signaled trouble ahead for broad assertions of agency power – including efforts to address climate change— in its decision striking down President Joe Biden’s vaccine-or-test mandate.

Conservative justices have embraced a judge-made “major questions” doctrine that asserts Congress—rather than agencies and courts—should tackle the biggest issues facing the country.

In the process, the court is undercutting the so-called administrative state and hamstringing regulators at a time when a deeply divided Congress shows little ability to address national crises. The next test will come in February when the justices hear arguments over whether Congress gave the EPA the ...

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