Here’s a projection on the future of abortion pills: Will the Supreme Court of The United States (SCOTUS) use The Major Questions Doctrine against the FDA to ban abortion pills nationwide?
What Is The Major Questions Doctrine?
The Major Questions Doctrine provides a general framework for courts to use when evaluating the authority of executive agencies. It’s more complex than that. I’m trying to simplify it.
A recent example of SCOTUS using the Major Questions Doctrine is the Biden administration’s plan to cancel student loan debt was unlawful. The Court found that the plan was a “major question” that required clear congressional authorization. That is part of the Major Questions Doctrine. Congress needs to authorize major decisions like this.
Where else has the major questions doctrine been used:
- West Virginia v. EPA (2022): The Court held that the Environmental Protection Agency (EPA) did not have the authority to regulate greenhouse gas emissions from power plants under the Clean Air Act. The Court found that the EPA’s interpretation of the statute was a “major question” that required clear congressional authorization.
- FDA v. Brown & Williamson Tobacco Corp. (2000): The Court held that the Food and Drug Administration (FDA) did not have the authority to regulate tobacco products as “drugs.” The Court found that regulating tobacco products was a “major question” that required clear congressional authorization.
- The doctrine has been cited in lower court cases involving the CDC. For example, in California v. Texas (2020), the Fifth Circuit Court of Appeals cited the major questions doctrine in upholding a preliminary injunction against the CDC’s eviction moratorium. The court found that the moratorium was a “major question” that required clear congressional authorization.
Abortion Pills
Some are projecting that since Christian nationalist billionaires control the majority of SCOTUS, the Major Questions Doctrine could be used against the FDA to ban abortion pills nationwide. We shall see.