‘Major Questions,’ Major Stakes: Kristin Hickman and Gillian Metzger on the OSHA Vaccine Mandate Case

When the Supreme Court ruled that OSHA’s Covid vaccine mandate was unlawful, Justice Gorsuch wrote separately that the Court’s decision “rightly applies the major questions doctrine.” The Major Questions Doctrine has been increasingly important in the Supreme Court and lower courts’ decisions, among judges who believe (as Gorsuch puts it) that the doctrine “ensures that the national government’s power to make the laws that govern us remains where Article I of the Constitution says it belongs—with the people’s elected representatives.” To discuss the past, present, and future of the Major Questions Doctrine, Adam White chats with Professors Gillian Metzger and Kristin Hickman.

This episode features Kristin Hickman, Gillian Metzger, and Adam White.