Is Antitrust Unconstitutional?
Legal Planet: Environmental Law and Policy 2026-02-06
Summary:
Last week, I argued that the Unitary Executive Theory does not really exist: it is simply a way for the Supremes to impose their policy preferences, to be discarded if inconvenient. In this week’s episode, we can look at the “Major Questions Doctrine,” which purportedly holds that agencies must point to “clear congressional authorization” for …