The Major Questions Quartet

Mila Sohoni (University of San Diego), The Major Questions Quartet, 136 Harv. L. Rev. 262 (2022):

This Case Comment, prepared at the invitation of the Harvard Law Review for its annual Supreme Court issue, describes and evaluates the “major questions quartet”: the CDC eviction moratorium case, the OSHA vaccine mandate case, the CMS vaccine mandate case, and the EPA Clean Power Plan case. Because none of these cases reached a constitutional holding, they are overshadowed by the Term’s blockbuster decisions involving fundamental rights. But no one should mistake these cases for anything but what they are: separation of powers cases in the guise of disputes over statutory interpretation.