October 17, 2022

12:00 PM EDT



Capitol Hill Club
300 First St SE
Washington, DC 20003

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

Regulatory Transparency Project · Capitol Hill Chapter

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