Thread by @JoshMBlackman

1/ Three Important admin law developments in Epic Systems. First, #SCOTUS applies the so-called Major Question doctrine to another context--labor relations. I discuss this doctrine in my @HarvLRev article on Zubick/Texas papers.ssrn.com/sol3/papers.cf…

2/ Second, though #SCOTUS declined to revisit Chevron--no one asked it to--it rejects deference because NLRB does not administer the Arbitration Act. That would not have been Congress's intent.

3/ #SCOTUS rejects "accountability" argument in light of #PresidentialReversal. Deference "becomes a garble when the Executive speaks from both sides of its mouth, articulating no single position on which it might be held accountable." Cite to @DanielJHemel and @Aaron_L_Nielson

4/ And not to be outdone, the RBG dissent invokes the #SCOTUS equivalent of Godwin's Law, #Lochner. J.Gorsuch responds in biblical terms, referring to Lochner's original "sin."

5/ One other note: J. Gorsuch refers to Obama-appointed NLRB's "discover[y]" of new right in 2012. This echoes my discussion of Presidential Maladministration of "Presidential Discovery." #SCOTUS papers.ssrn.com/sol3/papers.cf…