Learning Resources, Inc. v. Trump · ¶105

Now turn to my concurring colleagues' other charge: that the major questions doctrine is premised on an “antiadministrative-state stance.” West Virginia, 597 U. S., at 780 (Kagan, J., dissenting). It is important, they argue, to allow Congress to delegate expansive powers. Members of Congress unfortunately “often don't know enough—and know they don't know enough—to regulate sensibly on an issue.” Id., at 781. Nor can Congress easily “anticipate changing circumstances.” Ibid. For these reasons, Members of Congress must rely on more adept and less constrained “people . . . found in agencies.” Ibid. Indeed, my colleagues say, “administrative delegations . . . have helped to build a modern Nation.” Id., at 782. And the major questions doctrine, they worry, could jeopardize all that “astonish[ing] . . . progress.” Ibid.

preliminary print (page proof)
Source edition
Passage preview. Read in context for the complete text, notes and references.