Learning Resources, Inc. v. Trump · ¶168

First, I do not see how Justice Thomas's theory resolves all “ ` “separation of powers” ' ” concerns in this case. Post, at 315 (quoting ante, at 243). Suppose for argument's sake that Congress can delegate its tariff powers to the President as completely as Justice Thomas suggests. Even then, the question remains whether Congress has given the President the tariff authority he claims in this case—or whether the President is seeking to exploit questionable statutory language to aggrandize his own power. See Part I–C, supra. Put another way, Justice Thomas's nondelegation solution does not automatically solve the major questions problem. As we have seen, when an executive official claims Congress has delegated to him some extraordinary power, the major questions doctrine requires him to identify clear statutory authority for its exercise—a standard he must satisfy even if Congress is…

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