alt Hacker News> The Major Questions Doctrine has been a thing for decades:
> https://en.wikipedia.org/wiki/Major_questions_doctrine
I've read the Wikipedia page before and also reviewed it before posting, but thanks for your insightful analysis.
Care to share when it was used in the majority before the current Roberts court?
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FDA v. Brown & Williamson Tobacco Corp. is an example of the same principle without the name (afaik it wasn’t named that until later.)
Basically the FDA tried to use its powers to regulate drugs and devices to regulate nicotine (drug) via cigarettes (device.) The conservatives on the court said, in effect, “look obviously congress didn’t intend to include cigarettes as a medical device, come on.”
Then Congress passed a specific law allowing the FDA to regulate cigarettes. This is how it should work. If congress means something that’s a stretch, they should say so specifically.
Well, at this point the Roberts court has been a thing for decades so I’m not sure what distinction you’re driving at.