Creatures of Statute III: Congress’ Responsibility to Answer the Major Questions

Event Video

Join the Federalist Society’s Regulatory Transparency Project and Capitol Hill Chapter for the third in a lecture series on the administrative state. The subject of this discussion will be the major questions doctrine and how Congress may respond to the Supreme Court’s decision in West Virginia v. EPA.

Arguably unenforced for some time, recent federal court cases have once again raised the specter of nondelegation doctrine. In so doing, cases such as West Virginia v. EPA at the Supreme Court, and the 5th Circuit’s decision in Jarkesy v. SEC, arguably throws into question the status quo under which administrative agencies have heretofore operated.

This final event in our co-sponsored luncheon series on the administrative state will investigate the impact such cases may have on Congress in terms of lawmaking delegation, and look to forecast what Congress can expect if SCOTUS continues to enforce the nondelegation doctrine while moving away from former deference doctrines.


  • Sarah Binder, Senior Fellow, Governance Studies, Brookings Institution
  • Daniel Flores, Senior Counsel, Committee on Oversight and Reform, House of Representatives
  • Moderator: Hon. Trevor McFadden, Judge, United States District Court, District of Columbia


As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.