Justices Can Alter ‘Major Questions’ Law in Shot-or-Test Case

The U.S. Supreme Court’s imminent decision on whether to block the Biden administration’s Covid-19 shot-or-test rule for large employers will likely turn on a judicial doctrine that can limit agency authority to act on major issues facing the country, several legal scholars said.

The high court’s discussion of the “major questions doctrine” late last week left some legal observers wondering if the justices will expand its use to tie agencies’ hands in the face of emerging threats like the coronavirus pandemic.

“The oral argument on Friday created the distinct impression that for the first time there is a working majority ...