Learning Resources, Inc. v. Trump · ¶128

There's another problem too. The equivocation on whether “commonsense principles of communication” include only those things that might “go without saying,” or also include “external” and “substantive” Article I “values,” leads to a further equivocation on how much “skepticism” common sense might dictate when assessing an executive official's claim to an extraordinary delegated power. Common sense, we are told, does not impose a “ `clarity tax,' ” but it does add an “expectation of clarity.” Id., at 508, 514. Common sense does not “ `loa[d] the dice,' ” but it does counsel “skepticism.” Id., at 510–511, 516. Common sense means never “forgo[ing] the most natural reading of a statute,” post, at 302, but it always means “expect[ing that] Congress [will] make the big-time policy calls,” post, at 301 (internal quotation marks omitted). I am uncertain what to make of this, except that it…

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