Did the Supreme Court just tell the Senate to abolish the filibuster?

July 6, 2022

Last week, in West Virginia v EPA, the Supreme Court invoked the “major questions doctrine” in determining that the Clean Power Plan issued by the Obama administration was illegal. The major questions doctrine essentially says that for really big decisions, such as requiring shifting our sources of power in order to combat climate change, agency regulations are not sufficient. Congress must specifically legislate on these major questions.

Many have focused on the court’s ambiguous language regarding what qualifies as a major question. To some degree this misses an important point about policymaking in the current climate. The more “major” a question is, the less likely it is that Congress, as it is currently constituted, will be able to pass legislation on it. This is true regardless of how we define “major.”

by Stuart Shapiro for The Hill, July 5, 2022

Recent Posts

Could absence of party line lead to primary election surprises?

In the first year where neither major political party is using the “party line” on election ballots, some changes are already evident, says Julia Sass Rubin, the Rutgers University professor whose research helped fuel the court challenge to the line. Both Democrats...

Research from Ralph: The Deal Breaker Theory of Cycling

The deal breaker theory of cycling: A new approach to understanding bike behavior Highlights Biking research suffers from issues like perfect prediction and tautological variables. People determine whether to bike by comparing needs to prevailing conditions. Needs...

Candidates for NJ governor are using AI in their ads in new ways

Even with the use of AI disclosed in ads, experts question the ethics of using the technology in campaigns designed to reach voters. Candidates for New Jersey governor on both sides of the aisle are pushing the envelope with the use of artificial intelligence in their...

Smart weighs in on possible NJ Transit rail strike

As talks continue between #NJTransit and its rail engineers' union to try to avert a walkout by the union at midnight on Thursday, professor Mike Smart weighed in on the looming issues with the WABC7 Eyewitness News Mornings @ 10 team.

NJSPL: Snapshot of NJ Undergrad Degree Earners

Snapshot of Undergraduate Degree Earners in New Jersey New Jersey State Policy Lab, Angie Nga Le The National Student Clearing House Research Center has released a new Undergraduate Degree Earners report covering the 2023-2024 academic year[1]. According to the...