Is Mobilization a Major Question?

Authors

Evan J. Ward, Office of the Deputy Assistant Secretary of Defense, Acquisition Integration and Interoperability, Pentagon

Abstract

As tensions with China escalate in 2027, the U.S. President invokes the Defense Production Act (DPA) to accelerate weapons production. But major defense contractors push back, citing profit risks and legal uncertainty and take the matter to court. Their challenge is strengthened by two recent Supreme Court decisions: the rise of the Major Questions Doctrine, which limits executive authority without clear congressional backing, and the end of Chevron deference, which had long allowed agencies flexibility in interpreting statutes. These legal shifts make mobilizing U.S. industry for national defense slower and riskier, as corporations prioritize shareholder interests and litigation becomes more likely. The article warns that in a crisis, delays caused by lawsuits could be as damaging as any foreign threat. To prevent this, the author urges Congress and the Department of Defense to clarify statutory authority and mobilization plans now, before a legal battle undermines America’s ability to respond.

Recommended Citation

Evan J. Ward, "Is Mobilization a Major Question?," Joint Force Quarterly 118 (3rd Quarter 2025), 4-9, https://digitalcommons.ndu.edu/joint-force-quarterly/vol118/iss3/3.