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9th U.S. Circuit Court of Appeals

Apr. 20, 2023

On Major Questions Doctrine, 9th bucks other circuits

The ruling — written by 9th Circuit Judge Mark J. Bennett, an appointee of President Donald Trump — said other circuits have gotten it wrong by declaring that presidents are covered by the court’s relatively new doctrine.

In a decision raising questions about the scope of the U.S. Supreme Court’s “major questions doctrine,” a 9th U.S. Circuit Court of Appeals panel on Wednesday contradicted several other circuits to rule that presidential action is not covered by it.

The case involves the COVID-19 vaccine mandate for federal contractors, which hasn’t been enforced for a year and a half after it was enjoined by courts across the nation. Even after other circu...

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