Learning Resources, Inc. v. Trump · ¶139

As I see it, then, three of the four clues the dissent relies on cut against it. It is important to add, as well, that as helpful as these clues can be in helping courts spot when a claimed power is not supported by clear statutory authority, they do not represent some exhaustive checklist, nor does satisfying one guarantee a claim will succeed. So, for example, even if an asserted power is in the agency's “wheelhouse,” we might rule (and have ruled) against the agency if the power is “unheralded” because the statute has stood for decades without being interpreted to convey the power claimed. See, e. g., Brown & Williamson, 529 U. S., at 144, 159–160.

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