Haley N. Proctor

Deference, Delegation, and Divination: Justice Breyer and the Future of the Major Questions Doctrine

This Essay examines the major questions doctrine’s relationship to the administrative-law jurisprudence of a man who helped develop it: Justice Breyer. Born of Breyer’s proposal to bring nuance into judicial review of agency action, the doctrine has taken on a life of its own much different than what he imagined.