Learning Resources, Inc. v. Trump · ¶150

The dissent's exception is so broad it's hard not to wonder how it fts with some of our existing major questions precedents. In West Virginia, the Court applied the major questions doctrine over a dissent expressing concern that doing so would deny the EPA (and therefore the President) the power to respond to “the most pressing environmental challenge of our time”—“[c]limate chang[e].” 597 U. S., at 753 (Kagan, J., dissenting) (internal quotation marks omitted). A challenge, the dissent continued, that threatened consequences global in scope, including “mass migration events[,] political crises, civil unrest, and even state failure.” Id., at 754 (internal quotation marks omitted). Was West Virginia a “foreign affairs” case? How about our major questions cases addressing efforts to combat the global pandemic that was COVID–19? See, e. g., NFIB, 595 U. S., at 114.

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